Frequently Asked Questions 

About Copyright 

ISSUES AFFECTING THE U.S. GOVERNMENT

Prepared by 

CENDI Copyright Working Group

Edited and updated by 

Bonnie Klein

Defense Technical and Information Center

and

Gail Hodge

Information International Associates, Inc.

Published by 

CENDI Secretariat

Information International Associates, Inc.

Oak Ridge, TN

October 8, 2008
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Purpose and Use of this Document

This document is prepared by the CENDI Copyright Task Group in response to a request from the task 

group members and CENDI principals to address the issue of copyright from an operations perspective. In 

1997, the CENDI Task Group identified a series of questions concerning copyright and intellectual 

property. These were documented as part of the Task Group‘s report, ―Copyright and Intellectual 

Property: Operational Issues for CENDI Agencies.‖ Realizing that it was not in a position to provide 

guidance for any particular agency, CENDI developed the concept of a Frequently Asked Questions 

document (FAQ) that could be used to educate librarians, information center staff, publications staff and 

agency authors about copyright. 

The Copyright Law is complex and situation-based. Therefore, professional counsel for specific cases is 

advised. However, it is also hoped that this document will serve as a template for the development of 

agency Office of General Counsel approved documents that can provide more specific guidance for the 

individual agencies. It should be noted that this document primarily addresses U.S. Copyright Law as 

provided at Title 17 of the United States Code (17 USC – Copyrights) and Title 37 of the Code of Federal 

Regulations, Chapter II (37 CFR, Chapter II – Copyright Office, Library of Congress).

Copyright Notice

This is a work of the U.S. Government and is not 

subject to copyright protection in the United States. 

Foreign copyrights may apply.

Notice of Change

The information presented in this FAQ is subject to 

changes enacted by U.S. Government policies, 

legislation and case law. Direct comments about 

this document to copyright@dtic.mil. 

CENDI is an interagency cooperative organization composed of the scientific and technical information 

(STI) managers from the Departments of Agriculture, Commerce, Energy, Education, Defense, the 

Environmental Protection Agency, Health and Human Services, Interior, the National Aeronautics and 

Space Administration, the Government Printing Office, the National Archives and Records 

Administration, the National Science Foundation, and the Library of Congress. CENDI's mission is to 

help improve the productivity of federal science- and technology-based programs through the development 

and management of effective scientific and technical information support systems. In fulfilling its mission, 

CENDI member agencies play an important role in helping to strengthen U.S. competitiveness and address 

science- and technology-based national priorities.

DISCLAIMER

This document has been prepared for informational purposes only. It is not legal 

advice. Transmission and/or receipt of the information contained in this document do 

not constitute an attorney-client relationship. Information in this document should not 

be acted upon without seeking professional counsel. The information in this 

document is offered "as is" with no representations or warranties with respect to its 

accuracy. This document is not associated with nor does it endorse any external sites 

to which it links.
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SUMMARY OF CHANGES

CENDI/2008-1

CENDI Frequently Asked Questions about Copyright: Issues Affecting the U.S. Government

This revision, dated 8 October 2008--

 New version: October 2008 (Old version: January 2002 (rev. August 2008))

 Adds section 5.3.7

 Updates References
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TABLE OF CONTENTS

1.0 GLOSSARY OF TERMS

2.0 COPYRIGHT BASICS

2.1 General Information Regarding Copyright

2.1.1. What is copyright?

2.1.2. What is the history of copyright legislation in the U.S.?

2.1.3. What works are eligible for copyright protection?

2.1.4. Can facts, databases and compilations be copyrighted?

2.1.5. What rights does copyright provide?

2.1.6. How long does copyright last?

2.1.7. Is the copyright term extended or changed merely by copying the work to another medium; e.g., 

from print to CD-ROM?

2.2 Limitation on Copyright Protection

2.2.1. Are there any limitations to copyright protection?

2.2.2. What is ―fair use‖?

2.2.3. May the U.S. Government use the fair use exception?

2.2.4. What is public domain?

2.2.5. Can a work that includes works in the public domain be copyrighted?

2.2.6. Does public release, disclosure or dissemination mean the same as public domain?

2.3 Ownership of Copyright

2.3.1 Who can hold copyright?

2.3.2. Can copyright be transferred from the author or owner to another party?

2.3.3. How can the owner of a copyrighted work be identified?

2.4 Copyright and the Internet

2.4.1. Does the Copyright Law apply to materials on the Internet or the Web?

2.4.2. Can the published version of a U.S. Government work that has been published in a nongovernment product be posted on a public web site?

2.4.3. Does fair use apply to the Internet?

2.4.4. How can I determine what uses can be made of materials found on the Internet?

2.4.5. Are copyright notices required on materials on Government web sites?

2.4.6. Is it a copyright infringement to link from your website to copyrighted material on another?

2.4.7. Does the Digital Millennium Copyright Act (DMCA) of 1998 expand protection of works on the 

Internet?

2.5 Other Forms of Intellectual Property Protection

2.5.1. Are there other forms of intellectual property protection?

3.0 U.S. GOVERNMENT WORKS

3.1 General information regarding U.S. Government works

3.1.1. What is a U.S. Government work?

3.1.2. Is a U.S. Government work provided copyright protection? 

3.1.3. Does 17 USC §105 apply to works of state and local governments?

3.1.4. What is the history of the copyright treatment of U.S. Government works?

3.1.5. Since U.S. Government works are not protected by copyright in the U.S., are all U.S. Government 

works publicly available without restriction in the U.S., or may the Government establish terms 

and conditions for use or distribution of U.S. Government works?

3.1.6. If an item has a GPO number (#) or an agency number (#), can I assume it is not copyrighted?

3.1.7. Does the Government have copyright protection in U.S. Government works in other countries?

3.1.8. Is the Government required to provide notice that there is no U.S. copyright on its works?

3.1.9. Are Government websites provided copyright protection?

3.2 U.S. Government works included as part of a Non-Government work

3.2.1 May another publisher or individual republish a U.S. Government work and assert copyright?

3.2.2 Can a U.S. Government work be copyrighted if it is included in conference proceedings with other 

works that are copyrighted?
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3.2.3 May the Government reproduce and disseminate U.S. Government works, such as journal articles 

or conference papers, which have been first published or disseminated by the private sector?

3.2.4 Can a U.S. Government work be reused after it has been published in a non-government product?

3.2.5 Many U.S. Government employees are under the impression that they must transfer copyright in 

works prepared as part of their job to the publisher of a journal or book in order to have an article 

published. Is this true?

3.2.6 Should U.S. Government employees sign publishing agreements for works produced as part of 

their official duties?

3.2.7 Is a work co-authored by a U.S. Government employee and a non-government employee 

copyrightable?

4.0 WORKS CREATED UNDER A FEDERAL CONTRACT OR GRANT

4.1 If a work was created under a Government contract, who holds the copyright?

4.2 Are data rights any different under special programs such as the Small Business Innovative Research 

(SBIR) Program?

4.3 If the contractor is allowed to assert copyright in a work produced under a Government contract, is 

the Government’s use of the work restricted? If so, what rights does the Government retain?

4.4 Does the Government have the same rights to use copyrighted material produced outside of a 

Government contract but included in a work produced under a Government contract as it does to 

portions of the work first produced in performance of the contract?

4.5 May a Government contractor voluntarily transfer its copyright to the Government?

4.6 Can a contractor be forced to transfer its copyright to the Government?

4.7 May a contractor use works it produced under a Government contract?

4.8 Must a contractor place a copyright notice or acknowledgement of the Government’s rights and 

sponsorship on a work produced under a Government contract?

4.9 What are the rules regarding works produced under Government grants and cooperative 

agreements?

4.10 If the grantee assigns his copyright in scientific and technical articles produced under a Government 

grant to a publisher, what rights does the Government have in the article?

4.11 If the contractor assigns his copyright in scientific and technical articles produced under a 

Government contractor to a publisher, what rights does the Government have in the article?

4.12 What language could be used in a copyright agreement between a contractor or grantee author and a 

publisher to clarify the author’s right to deposit journal articles in the electronic repository of the 

Government agency that funded the author’s research?

5.0 USE OF COPYRIGHTED WORKS

5.1 Use of Non-Government Copyrighted Works in a U.S. Government Work

5.1.1 Does the U.S. Government have any special rights to use copyrighted material?

5.1.2 Are there any copyright issues related to the use of non-government abstracts or citations in U.S. 

Government authored bibliographies or databases?

5.1.3 Does copyrighted material lose its copyright status and protection if it becomes part of a U.S. 

Government work or is included in a compilation published by the Government?

5.1.4 May the U.S. Government use works of foreign governments or international organizations?

5.1.5 Can the Government translate a copyrighted work to which it does not hold copyright?

5.2 Use by Government Libraries and Archives

5.2.1 Are there any special policies that apply to Government libraries and archives?

5.2.2 Can digital material be copied for archival purposes? Can its format be changed?

5.2.3 What happens if the actual need for copyrighted material exceeds the exceptions granted in 17 

USC § 107 and § 108?

5.2.4 Do copyright principles apply to materials purchased and licensed by Government libraries?

5.3 Permissions, Licenses and Releases to use Copyrighted Works

5.3.1 How can you determine if copyright permission is needed?

5.3.2 Is it necessary to get permission to use facts from a copyrighted source?

5.3.3 What should be considered when getting a license, release or permission?

5.3.4 Are there other rights that should be addressed when dealing with U.S. Government use of nongovernment works?

5.3.5 Can the Government transfer licenses or permission?
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5.3.6 Must the Government request permission to include copyrighted material owned by a government 

employee in a U.S. Government work?

5.3.7 Does a government agency need a license to perform copyrighted music or show a copyrighted 

video at a government sponsored meeting or event?

5.4 Infringement by the Government

5.4.1 What acts constitute a copyright infringement?

5.4.2 Can a copyright owner sue the Government if the Government, or a contractor performing under a 

government contract, infringes the copyright?

5.4.3 What are the consequences for infringement by U.S. Government agencies or employees?

5.4.4 Who represents the government in copyright infringement suits?

6.0 APPLICABLE COPYRIGHT LEGISLATION AND OTHER RESOURCES ON THE INTERNET

BIBLIOGRAPHY

U.S. Copyright Office Sources

CONFU (Conference on Fair Use, 1994-98)

Other Sources

Websites (with copyright information)

Websites (for copyright licensing and permissions)

ListServs

Other Sources (from CENDI Copyright Task Group)

Government Agency Policies—A Sampling

Publisher Copyright Transfer Agreements—A Sampling

References

CENDI Copyright Task Group

CURRENT MEMBERS

Bill Adams (DOD/Army), Nancy Allard (NARA), Vicki Allums (DISA), Jane Barrow (DOD/Navy), James Bechtel 

(ONR), Dale Berkley (NIH), David Berthiaume (DoED), Gary Borda (NASA), JoAnne Calhoun (NASA), J. Chafin 

(HQDA), Chris Cole, Co-chair (NAL), Kathleen Coleman (EPA), Geoff Cooper (EPA), John Davenport (NARA), 

Dan Dzara (DOD/AF), Robin Edwards (NASA), Nancy Faget (GPO), Martha Fishel (NLM), Judy Gilmore 

(DOE/OSTI), Courtney Graham (NASA), Richard Gray (DOD/AF), Lynn Heimerl (NASA), Gail Hodge (CENDI), 

Michael Hoffman (DOE), Valerie Hurt (NIH), Sharon Jordan (DOE/OSTI), Robert Kasunic (LOC), James King 

(NRL), Flayo Kirk (DISA), Bonnie Klein, Co-chair (DTIC), Nancy Kremers (DARPA), Harry Lupuloff (DOD/AF), 

Neil Mark (USGS), Barbara McGarey (NIH), Hope O'Keeffe (LOC), Mary Rasenberger (LOC), John Raubitschek 

(DOD/Army), Janet Scheitle (GPO), Jerry Sheehan (NLM), Chris Weston (LOC)

PAST MEMBERS: 

Barbara Bauldock (DOE/OSTI), Blaine Baker (DOD/AF), Nancy Collins (NTIS), Alice Cranor (DIA), Susan 

Cummings (NARA), Michelle Darcy (GPO), Dana Dobson (DoED), Caroline Early (NAL), Wally Finch (NTIS), 

Julia Giller (USGS), Jane Griffith (NLM), Kate Kase (USGS), Eve-Marie Lacroix (NLM), Richard Lambert (NIH), 

Mary Levering (LOC), Thomas McDonnell (ONR), Jan McNutt (DISA), R.L. Scott (DOE/OSTI), Jacqueline Streeks 

(NASA/CASI), Eric Vogel (NASA/CASI)

CENDI is an interagency cooperative organization composed of the scientific and technical 

information (STI) managers from the Departments of Agriculture, Commerce, Energy, 

Education, Defense, the Environmental Protection Agency, Health and Human Services, Interior, 

the National Aeronautics and Space Administration (NASA), the National Archives and Records 

Administration, the National Science Foundation and the Government Printing Office.
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1.0 GLOSSARY OF TERMS

Author, under the U.S. Copyright Law, is either the person who actually creates a copyrightable 

work or, if the copyrightable work is created within the scope of employment, the employer of 

the person who actually creates the copyrightable work. 

Berne Convention1is the Convention for the Protection of Literary and Artistic Works, signed at 

Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions to these 

documents. 

Clearance – see Permission

Collective work is a work, such as a periodical issue, anthology, or encyclopedia, in which a 

number of contributions, constituting separate and independent works in themselves, are 

assembled into a collective whole.

Compilation is a work formed by the collection and assembling of preexisting materials or of 

data that are selected, coordinated, or arranged in such a way that the resulting work as a whole 

constitutes an original work of authorship. The term "compilation" includes collective works.

Copyright refers to the exclusive rights granted to an author or owner of a copyrightable work. 

(See FAQ Section 2.1 and 17 USC § 106.

2

)

Copyright Management Information (CMI) is defined under the Digital Millennium Copyright 

Act (DMCA)3as identifying information about a work, author, copyright owner, and in certain 

cases, the performer, writer or director of a work, as well as terms and conditions for use of the 

work, and such other information as the Register of Copyrights may prescribe by regulation. 

(See FAQ Section 2.4.6 and 17 USC § 1202(c).

4

)

Copyright owner, with respect to any one of the exclusive rights comprised in a copyright, refers 

to the owner of that particular right. The exclusive rights provided by Copyright are completely 

divisible. Copyright in a work vests initially in the author or authors of the work. However, the 

author may assign some or all of his or her rights to another, e.g., to a publisher, if the work has 

appeared in a formal publication, who then becomes the owner of the rights assigned.

Derivative Work refers to a work that is based on, or modifies, one or more preexisting works. A 

copyright owner has the exclusive right to prepare or authorize the preparation of a derivative 

work based on the copyrighted work. If a derivative work, considered as a whole, represents an 

original work of authorship, it may be separately copyrightable. However, the copyright covers 

only original portions of the derivative work.

Fair Use is a statutory exception that allows the use of a copyrighted work for certain purposes 

without requiring permission. (See 17 USC § 1075).

Federal Acquisition Regulation (FAR)6 was established to codify uniform policies for 

acquisition of supplies and services by executive agencies. It is issued and maintained jointly, 
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pursuant to the OFPP Reauthorization Act, under the statutory authorities granted to the 

Secretary of Defense (DoD), Administrator of General Services (GSA) and the Administrator, 

National Aeronautics and Space Administration (NASA). The official FAR appears in the Code 

of Federal Regulations at 48 CFR Chapter 1.

First Sale Doctrine refers to the right of a buyer of a material object in which a copyrighted work 

is embodied to resell or transfer the object itself. Ownership of copyright is distinct from 

ownership of the material object. Section 109 of the Copyright Act permits the owner of a 

particular copy or phonorecord lawfully made under the Copyright Law to sell or otherwise 

dispose of possession of that copy or phonorecord without the authority of the copyright owner. 

Commonly referred to as the ―first sale doctrine,‖ this provision permits such activities as the 

sale of used books. The first sale doctrine is subject to limitations that permit a copyright owner 

to prevent the unauthorized commercial rental of computer programs and sound recordings. (See 

17 USC § 2027and 17 USC § 1098.)

Government Distribution or Dissemination means, in accordance with OMB Circular A-130,

9

Management of Federal Information Resources, the Government initiated distribution of 

information to the public. Dissemination within the meaning of the Circular does not include 

distribution limited to government employees or agency contractors or grantees, intra- or interagency use or sharing of government information, and responses to requests for agency records 

under the Freedom of Information Act (FOIA) (5 U.S.C. § 55210) or Privacy Act11.

Government Publication is informational matter that is published as an individual document at 

Government expense or as required by law. (See Title 44 USC § 190112)

Government Records are all books, papers, maps, photographs, machine-readable materials, or 

other documentary materials, regardless of physical form or characteristics, made or received by 

an agency of the United States Government under federal law or in connection with the 

transaction of public business and preserved or appropriate for preservation by that agency or its 

legitimate successor as evidence of the organization, functions, policies, decisions, procedures, 

operations, or other activities of the Government or because of the informational value of the 

data in them. Library and museum material made or acquired and preserved solely for reference 

or exhibition purposes, extra copies of documents preserved only for convenience of reference, 

and stocks of publications and of processed documents are not included. (See 44 USC § 330113)

U.S. Government Work or a "work of the United States Government" is a work prepared by an 

officer or employee of the United States Government as part of that person's official duties. (See 

17 USC § 101. Definitions14) In these FAQ‘s, the term ―U.S. Government work‖ will be used to 

refer to a work of the United States Government and is distinct from works of state governments 

(See FAQ Section 3.1.3).

Intellectual Property refers to intangible property rights such as copyright, patents and 

trademarks that provide the owner with certain exclusive rights.

Joint Work is a work prepared by two or more authors with the intention that their contributions 

be merged into inseparable or interdependent parts of a unitary whole. (See 17 USC § 101. 
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Definitions15) The authors of a joint work are co-owners of copyright in the work. (See 17 USC 

§ 201(a)16)

License is a contractual agreement from a copyright owner or the owner‘s authorized agent, such 

as a third party vendor, allowing another party to exercise one or more of the exclusive rights 

provided the copyright owner under the Copyright Law (See FAQ Section 2.1.5). Licenses 

usually involve the payment of a fee or royalty. However, royalty free licenses are also legally 

possible; for example, see the National Library of Medicine License Agreement for Use of the 

UMLS® Metathesaurus®.

17

Permission is an agreement from a copyright owner allowing another party to exercise one or 

more of the exclusive rights provided the copyright owner under the Copyright Law (See FAQ 

Section 2.1.5. Permission generally does not involve the transfer of any fees or reimbursements. 

Permission may also be referred to as a Copyright Release. 

Publication is the distribution of copies or phonorecords of a work to the public by sale or other 

transfer of ownership or by rental, lease, or lending. The offering to distribute copies or 

phonorecords to a group of persons for purposes of further distribution, public performance, or 

public display, constitutes publication. A public performance or display of a work does not of 

itself constitute publication. (See 17 USC § 101. Definitions18)

Transfer of copyright ownership is the act of transferring any or all of the exclusive rights 

comprised in a copyright from the copyright owner to another person or institution. Ownership is 

generally transferred through an assignment, mortgage, or exclusive license, whether or not it is 

limited in time or place of effect, but not including a nonexclusive license. (See 17 USC § 

201(d)(2).

19) Transfers must be in writing and must be signed by the party making the transfer. 

(See 17 USC § 204.

20)

2.0 COPYRIGHT BASICS

2.1 General Information Regarding Copyright

2.1.1 What is copyright? 

Copyright is a form of protection provided by the laws of the United States (Title 17 of the 

United States Code (17 USC – Copyrights21) to the authors of original works of authorship 

including literary, dramatic, musical, artistic, and certain other intellectual works. (See also Title 

37 Code of Federal Regulations (37 CFR, Chapter II22), which implements this statute.) 

Copyright protection arises automatically once an original work of authorship is fixed in a 

tangible medium of expression, now known or later developed; e.g., written, filmed, and 

recorded. It does not require that a copyright notice be placed on the work, that the work be 

published, or that the work be deposited or registered with the Copyright Office or any other 

body. 

2.1.2 What is the history of copyright legislation in the U.S.?
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The basis for Copyright Law comes from U.S. Constitution, Article 1, Section 8.

23

―The Congress shall have power... to promote the Progress of Science and useful Arts, by 

securing for limited times to Authors and Inventors the exclusive right to their respective 

Writings and Discoveries.‖ 

The first federal Copyright Act enacted in 1790 was a codification of longstanding judicial 

doctrine. Since that date, Congress has periodically enacted major copyright revision bills 

modernizing the statute. The last copyright revision bill was enacted in 1976.

While most of the provisions of the current Copyright Law were contained in the Copyright Act 

of 1976, on a number of occasions Congress has amended that legislation to address new 

concerns. For example, in 1988 a number of changes were embraced to permit United States 

accession to theBerne Convention.

24

 More recently, the copyright term was increased by the 

Sonny Bono Copyright Term Extension Act,

25 and issues relating to digital works were addressed 

in the Digital Millennium Copyright Act.

26 (See FAQ Section 2.4.6).

2.1.3 What works are eligible for copyright protection? 

Copyright requires an original work of authorship to be fixed in a tangible medium of expression 

from which it can be perceived either directly or with the aid of a machine or device. Copyright 

protects the form of expression only and does not extend to the idea or concept underlying the 

work. (See FAQ Section 2.5, Other Forms of Intellectual Property Protection, for a discussion of 

the differences between copyright and other forms of intellectual property protection such as 

patents and trademarks.)

Categories of copyrightable works under Title 17 USC § 201 include: literary works such as 

educational materials and computer programs; musical works, including any accompanying 

words; dramatic works, including any accompanying music; pictorial, graphic and sculptural 

works; motion pictures and other audiovisual works; sound recordings; and architectural works. 

For U.S. Government works, see FAQ Section 3.

2.1.4 Can facts, databases and compilations be copyrighted?

Facts cannot be copyrighted. However, the creative selection, coordination and arrangement of 

information and materials forming a database or compilation may be protected by copyright. 

Note, however, that the copyright protection only extends to the creative aspect, not to the facts 

contained in the database or compilation.

2.1.5 What rights does copyright provide?

As stated in 17 USC § 106,

27 copyright gives the owner of the copyright the exclusive right to do 

and to authorize others to do the following:

To reproduce the copyrighted work in copies or phonorecords;

To prepare derivative works based upon the copyrighted work;
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To distribute copies or phonorecords of the copyrighted work to the public by sale or other 

transfer of ownership, or by rental, lease, or lending;

To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and 

choreographic works, pantomimes, motion pictures and other audiovisual works;

To display the copyrighted work publicly, in the case of literary, musical, dramatic, and 

choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the 

individual images of a motion picture or other audiovisual work; and

In the case of sound recordings, to perform the work publicly by means of a digital audio 

transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity 

described in 17 USC § 106A.

28

 Limitations are outlined in FAQ Section 2.2.1.

For further discussion, see U.S. Copyright Office, Circular 101: Copyright Basics,

29 and Circular 

40, Copyright Registration for Works of the Visual Arts.

30

2.1.6 How long does copyright last? 

Under current Copyright Law, the copyright term for works created by individuals on or after 

January 1, 1978, is the life of the author plus 70 years. For ―works made for hire,‖ the copyright 

term is 95 years from the date of first publication or 120 years from the date of its creation, 

whichever is earliest. The copyright term for works created before January 1, 1978, is a 

complicated determination and may require help from your General Counsel or the Copyright 

Office.

The current Copyright Law established dates at which Copyright protection for unpublished 

works expires and those works pass into the public domain. Unpublished works created prior to 

January 1, 1978, and not published, will pass into the public domain 70 years after the author‘s 

death or at the end of 2002, whichever is later. Unpublished works created prior to January 1, 

1978, but which are published between then and the end of 2002, will pass into the public 

domain 70 years after the author‘s death or at the end of 2047, whichever is later. Additionally, 

all works published before 1923 are now in the public domain. 

Publications that may help in this determination include:

The U.S. Copyright Law, Chapter 3 -- Duration of Copyright31

Information Circular 15a - Duration of Copyright: Provisions of the Law Dealing with 

the Length of Copyright Protection32

Fact sheet FL 15 - New Terms for Copyright Protection33

When Works Pass Into the Public Domain34

Copyright Term and the Public Domain in the United States34a

2.1.7 Is the copyright term extended or changed merely by copying the work to another 

medium; e.g., from print to CD-ROM?
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No, the term of protection of a work is not affected by the fact that the owner has copied the

work to another medium. If, in addition, new information is added, the new information if 

copyrightable could have its own term of protection. 

2.2 Limitation on Copyright Protection

2.2.1 Are there any limitations to copyright protection?

Yes, 17 USC §§ 107 through 12035 establish limitations or exceptions on these exclusive rights. 

One limitation is the doctrine of ―fair use,‖ which is set forth in 17 USC § 107.

36

 (See FAQ 

Section 2.2.2 on Fair Use.) Other limitations include provisions for allowing compulsory 

licenses, use and copying by libraries, the sale of the work by the owner (See FAQ Section 1.0, 

Glossary, for definition of the ―First Sale Doctrine‖) and uses which fall outside of the 

enumerated exclusive rights, such as performances that are not public.

2.2.2 What is “fair use”?

A fair use of a copyrighted work may include the practice of any of the exclusive rights provided 

by copyright, for example, reproduction for purposes such as criticism comment, news reporting, 

teaching (including multiple copies for classroom use), scholarship, or research. The ―fair use‖ 

limitation found at 17 USC § 107,

37 is not defined in the statute and does not provide a bright 

line rule for determining what is or is not a fair use. Rather it identifies four factors that should 

be evaluated on a case-by-case basis in order to determine if a specific use is ―fair‖. These 

factors, which should be considered together when determining fair use, are:

1) Purpose and character of the use, including whether such use is of a commercial 

nature or is for nonprofit educational purposes;

2) Nature of the copyrighted work;

3) Amount and substantiality of the portion used in relation to the copyrighted work as 

a whole; and

4) Effect of the use upon the potential market for or value of the copyrighted work.

The distinction between ―fair use‖ and infringement can be unclear and is not easily defined. 

There is no right number of words, lines or notes that qualify as a fair use. 

2.2.3 May the U.S. Government use the fair use exception? 

Yes, the ―fair use‖ exception applies to the U.S. Government. As with any other user, the use of 

copyrighted information by Government agencies and employees is assessed by the fair use 

factors to determine if the use is ―fair‖ under 17 USC § 107. (See FAQ Section 5.1.1)

2.2.4 What is public domain?

Public domain refers to works that are not protected by copyright and are publicly available. 

They may be used by anyone, anywhere, anytime without permission, license or royalty payment.
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A work may enter the public domain because the term of copyright protection has expired (see 

FAQ Section 2.1.6), because copyright has been abandoned, or in the U.S. because it is a U.S. 

Government work and there is no other statutory basis for the Government to restrict its access 

(see FAQ Section 3.1.5).

A work is not in the public domain simply because it does not have a copyright notice. 

Additionally, the fact that a privately created work is, with permission, included in a U.S. 

Government work does not place the private work into the public domain. The user is responsible

for determining whether a work is in the public domain.

It is important to read the permissions and copyright notices on U.S. Government publications 

and Web sites. Many Government agencies follow the practice of providing notice for material 

that is copyrighted and not for those that are in the public domain. Examples of government 

agency copyright policies and statements are: National Library of Medicine,

38 NASA Center for 

AeroSpace Information (CASI),

39 and Library of Congress.40

2.2.5 Can a work that includes works in the public domain be copyrighted?

Yes. However, the copyright protects only the original contributions added by the author.

2.2.6 Does public release, disclosure or dissemination mean the same as public domain?

No, these terms are not synonymous and should not be used interchangeably. Public release, 

disclosure and dissemination describe the availability of a work. Publicly released, disclosed or 

disseminated information may be owned and protected by copyright, and therefore, not be in the 

public domain. 

2.3 Ownership Of Copyright

2.3.1 Who can hold copyright?

Copyright ownership may be held by any person or institution. Typically, the author of a work 

owns the copyright in the work. However, under the U.S. Copyright Law, for a work made for 

hire, that is a work prepared by an employee within the scope of employment or a specially 

ordered or commissioned work, the employer or other person for whom the work was prepared is 

considered the author. 

2.3.2 Can copyright be transferred from the author or owner to another party?

Yes, any and all of the copyright owner‘s exclusive rights may be transferred, but the transfer of 

exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights 

being transferred. (See 17 USC § 20441) Transfer of a right on a nonexclusive basis does not 

require a written agreement; however, you should check your Agency‘s policy.

No effective transfer of copyright can be made in the U.S. for U.S. Government works (see FAQ 

Section 3.0), because they are not eligible for copyright protection under the U.S. Copyright Law.
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2.3.3 How can the owner of a copyrighted work be identified? 

If you want to contact the copyright owner regarding use of a copyrighted work, the best place to 

start is with the work itself. Copyright notices in published works identify the owner at the time 

the work was published. However, copyright ownership may have changed since publication. 

The copyright notice and any permissions are often printed on the back of the title page in books. 

Most owners will be apparent, particularly for relatively current works. However, identifying the 

specific owner may be more difficult for journal articles, gray literature and older works. 

Affiliation of the author may suggest ownership or may help to locate the individual author, but 

is not in itself definitive. The U.S. Copyright Office provides some suggestions in Copyright 

Office Circular 22.

42

Additionally, Copyright Office records, including registration information and recorded 

documents, are available through LOCIS (Library of Congress Information System43), or a newer 

web-based search system. Information, including ownership information, is available for works 

registered for copyright since January 1, 1978. The information may be searched online by title 

of the work, author and copyright claimant. 

2.4 Copyright and the Internet

2.4.1 Does the Copyright Law apply to materials on the Internet or the Web?

Yes, the Internet is another form of publishing or disseminating information; therefore, copyright 

applies to Web sites, e-mail messages, Web-based music, etc. Simply because the Internet 

provides easy access to the information does not mean that the information is in the public 

domain or is available without limitations. Copyrighted works found on the Internet should be 

treated the same as copyrighted works found in other media.

2.4.2 Can the published version of a U.S. Government work that has been published in a 

non-government product be posted on a public Web site?

It depends. If the publisher has made original and creative contributions to the published work, 

the publisher may have some rights. Check with your General Counsel‘s Office or agency 

policy. Alternatively, the original manuscript as submitted to the publisher could be posted. 

(See FAQ Sections 3.2.3 and 3.2.4.)

2.4.3 Does fair use apply to the Internet?

Yes, fair use applies to materials and use of works found or placed on the Internet. The same 

factors will be considered as for fair use in print (see FAQ Section 2.2.2). 

2.4.4 How can I determine what uses can be made of materials found on the Internet?
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As in the print environment, it is not necessary for an author to include a copyright statement on 

the material in order for the work to maintain its copyright protection. However, you may find 

notices on the home page or on special terms and condition pages that provide for specific uses. 

2.4.5 Are copyright notices required on materials on Government Web sites? 

It is good practice to provide notice whenever possible, even though it is not required. In 

addition, there may be disclaimers and use notices that apply to use of the material. Check your 

Agency policy regarding Web site notices. For further discussion, see the CENDI Whitepaper 

Don't Keep the Public Guessing: Best Practices in Notice of Copyright and Terms & Conditions 

of Use for Government Website Content (CENDI/04-4). Also see examples listed in Section 6.0.

2.4.6 Is it a copyright infringement to link from your website to copyrighted material on 

another?

No. In April, 2000, Federal Judge Harry L. Hupp in his ruling on deep linking in Ticketmaster vs. 

Tickets.com, Inc., 2000 U.S. Dist. LEXIS 12987 (D. Cal. 2000) states that, "...hyperlinking does 

not itself involve a violation of the Copyright Act (whatever it may do for other claims) since no 

copying is involved." Many organizations encourage links by posting terms and conditions and 

how-to instructions on their websites, usually under the headings of Copyright, Legal Notices, or 

About Us. For examples, see the Washington Post44 and the New York Times.

45

 However, be 

aware of "other claims" and court rulings which prohibit framing, misuse of trademarks, 

bypassing advertising, etc.

2.4.7 Does the Digital Millennium Copyright Act (DMCA) of 1998 expand protection of 

works on the Internet?

Yes, the DMCA (Pub. L. No. 105-304, 112 Stat. 286046) added Chapter 12 to the U.S. Copyright 

Law.

47

 The DMCA prohibits any person from circumventing a technological measure that 

effectively controls access to a work protected under the U.S. Copyright Act, 17 U.S.C. § 

1201(a)(1)48. The Copyright Office will determine whether any classes of works should be 

subject to exemptions for the prohibitions and will publish lists of such exempt classes. The 

DMCA also makes it illegal for a person to manufacture, import, offer to the public, provide or 

otherwise traffic in any technology, product, service, device, component or part thereof which is 

primarily designed or produced to circumvent a technological measure that effectively controls 

access to or unauthorized copying of a work protected by copyright, has only a limited 

commercially significant purpose or use other than circumvention of such measures, or is 

marketed for use in circumventing such measures, 17 U.S.C. § 1201(a)(2)49.

In addition the DMCA prohibits, among other actions, the intentional removal or alteration of 

copyright management information and the knowing addition of false copyright management 

information if these acts are done with intent to induce, enable, facilitate or conceal a copyright 

infringement, 17 U.S.C. § 120250. Each prohibition is subject to a number of statutory 

exceptions.

The DMCA also provides certain limitations on service provider liability with respect to 

information residing, at direction of a user, on a system or network that the service provider 
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controls or operates, 17 U.S.C. § 51251. However, this ―safe harbor‖ provision may not be 

necessary for Government agencies qualifying as service providers because they are not liable for 

contributory copyright infringement (see FAQ Section 5.1.5).

Further, the DMCA creates an exemption for making a copy of a computer program by activating 

a computer for purposes of maintenance or repair. For further discussion, see the U.S. Copyright 

Office Summary of the DMCA.

52

 

2.5 Other Forms O\of Intellectual Property Protection

2.5.1 Are there other forms of intellectual property protection? 

Yes, there are other forms of intellectual property protection including patents and trademarks. 

Copyright differs from patents and trademarks in both the terms and kind of coverage that is 

granted. Copyright protects original works of authorship such as literary works, phonorecords, 

dramatic works, etc. Patents53 protect new, useful and non-obvious inventions such as processes, 

machines, manufactures and compositions of matter. Trademarks54 protect words, phrases, 

symbols or designs, such as logos or names of products or organizations, that identify and 

distinguish the source of goods or services of one party from those of another. Each type of 

intellectual property differs in the subject matter and requirements for protection, the length of 

time that the protection holds, how it can be transferred, the basis and penalties incurred for 

infringement of the exclusive rights provided, and the kind of exemptions that are allowed. For 

more information, contact the U.S. Patent and Trademark Office.

55

3.0 U.S. GOVERNMENT WORKS

3.1 Government Works

3.1.1 What is a U.S. Government work?

A ―work of the United States Government,‖ referred to in this document as a U.S. Government 

work, is a work prepared by an officer or employee of the United States Government as part of 

that person‘s official duties. (See 17 USC § 101, Definitions.

56)

Contractors, grantees and certain categories of people who work with the government are not 

considered government employees for purposes of copyright. Also not all government 

publications and government records are government works (See FAQ Section 1.0, Definitions).

An officer's or employee's official duties are the duties assigned to the individual as a result of 

employment. Generally, official duties would be described in a position description and include 

other incidental duties. Official duties do not include work done at a government officer's or 

employee's own volition, even if the subject matter is government work, so long as the work was 

not required as part of the individual's official duty. (S.REP. NO. 473, 94th Cong., 2d Sess. 56-

57) (1976) ―A government official or employee should not be prevented from securing copyright 

in a work written at his own volition and outside his duties, even though the subject matter 
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involves his government work or his professional field.‖) For further discussion, see Tresansky, 

John O. Copyright in Government Employee Authored Works.

57

 30 Cath. L. Rev. 605 (1981). 

The following cases give examples of some related issues:

Public Affairs Associates v. Rickover,

58 284 F.2d 262, 268 n.20 (D.C. Cir. 1960), vacated on 

other grounds for insufficient record, 369 U.S. 111 (1962)

Herbert. v. United States, 36 Fed. Cl. 299 (Fed. Cl. 1996). The court said: "The specific task 

need not be individually assigned in order to qualify as part of the official functions of a 

government employee. Where a government employee's official functions include research, 

generally, the employee may lose the right to sue for copyright infringement even where he was 

not specifically required to perform the work at issue."

3.1.2 Is a U.S. Government work provided copyright protection? 

In the United States, U.S. Government works are covered by 17 USC § 105.

59

 ―Copyright 

protection ... is not available for any work of the United States Government, but the United 

States is not precluded from receiving and holding copyrights transferred to it by assignment, 

bequest, or otherwise.‖ Exceptions are available for certain works of the National Institute for 

Standards and Technology (NIST) and the U.S. Postal Service. Copyright protection may be 

available for U.S. Government works outside the United States (see FAQ Section 3.1.6). When a 

copyrighted work is transferred to the U.S. Government, the Government becomes the copyright 

owner and the work retains its copyright protection. 

3.1.3 Does 17 USC §10560 apply to works of state and local governments?

No, it applies only to federal government works. State and local governments may and often do 

claim copyright in their publications. It is their prerogative to set policies that may allow, 

require, restrict or prohibit claim of copyright on some or all works produced by their 

government units.

3.1.4 What is the history of the copyright treatment of U.S. Government works?

Ever since 1895, statutory provisions have prohibited the assertion of copyright in any 

publication of the U.S. Government. The provisions have been only slightly modified since their 

enactment. See “Copyright in Government Publications: Historical Background, Judicial 

Interpretation, and Legislative Clarification.” CPT Brian R. Price. Military Law Review. Vol. 

74. (1976), p. 19-63. 

3.1.5 Since U.S. Government works are not protected by copyright in the U.S., are all U.S. 

Government works publicly available without restriction in the U.S.?

No. The fact that U.S. Government works are not protected under the U.S. Copyright Law does 

not create a requirement that all U.S. Government works be made publicly available without 

restriction (See Gellman, Robert M. Twin Evils: Government Copyright and Copyright-like 
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Controls Over Government Information.

61 Syracuse Law Review, 999, 1995. ADA394923). 

See Pfeiffer v. Central Intelligence Agency62, 60 F.3d 861 (D.C. Cir. 1995). Federal laws and 

agency policies govern the public release of U.S. Government information. Examples include 

Executive Order 13292, Classified National Security Information, OMB Circular A-130,

63

Management of Federal Information Resources, Department of Defense Directive 5230.9 

Clearance of DoD Information for Public Release64, April 9, 1996, ASD (PA) and DOD 

Instruction 5230.29 Security and Policy Review of DoD Information for Public Release.

65

 

However, while the Government is not required to publicly disseminate all U.S. Government 

works, the Government does not restrict the use or distribution of most categories of U.S. 

Government works.

Despite the general policy of free and open information dissemination, there are exceptions based 

on a number of factors. Certain statutes (see Freedom of Information Act (FOIA) Exemptions66) 

provide the Government with authority to restrict access to U.S. Government works, for example,

for purposes of national security, export control, and the filing of patent applications. U.S. 

Government works should undergo appropriate security, export control and policy reviews by the 

releasing agency before being cleared for public availability. Additionally, for the purposes of 

specific agreements, such as Cooperative Research and Development Agreements (CRADA‘s67) 

and NASA Space Act Agreements68, the Government has statutory authority to withhold from 

public dissemination, including dissemination under FOIA, certain Government produced 

information for a specified period of time. 

Some agencies may have additional statutory authority to impose conditions for use. Reasons 

include ensuring that copyrighted information contained in the government product is 

recognized, adhering to agreements with other parties, and maintaining contact with users to 

ensure maintenance and updating of critical information. For example, see NLM‘s Terms and 

Conditions for the Visible Human Project69 and the License Agreement for Use of the UMLS®

Metathesaurus®.

70 Issues related to joint authorship or sponsorship with non-government authors 

or organizations may also arise. 

3.1.6 If an item has a GPO number (#) or an Agency number (#), can I assume it is not 

copyrighted?

No, not all Government Printing Office or Government agency publications are U.S. Government 

works. For example, Government Printing Office publications and Agency publications may 

include works copyrighted by a contractor or grantee; copyrighted material assigned to the U.S. 

Government; or copyrighted information from other sources. 

3.1.7 Does the Government have copyright protection in U.S. Government works in other

countries?

Yes, the copyright exclusion for works of the U.S. Government is not intended to have any 

impact on protection of these works abroad (S. REP. NO. 473, 94th Cong., 2d Sess. 56 (1976)). 

Therefore, the U.S. Government may obtain protection in other countries depending on the 

treatment of government works by the national copyright law of the particular country. 

Copyright is sometimes asserted by U.S. Government agencies outside the United States. 
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3.1.8 Is the Government required to provide notice that there is no U.S. copyright on its 

works? 

No, but while such a notice is not required, it is helpful to potential users of the material to 

identify any rights the Government may or may not have in the work. Agencies may have 

policies about providing notice. For more information, consult your General Counsel.

A good example of a notice is:

This is a work of the U.S. Government and is not subject to copyright protection in the 

United States. Foreign copyrights may apply.

To avoid confusion in situations where Government works are included in compilations with 

non-government material, the Government should put notices on every copyrighted item included 

in a U.S. Government work. Documentation related to permissions granted to the Government 

for use of such works should be retained. 

3.1.9 Are Government websites provided copyright protection?

In accordance with 17 USC §10571, works prepared by government employees as part of their 

official duties are not subject to copyright protection in the U.S. (See FAQ Sections 3.1.1 and 

3.1.2). This applies to government employee prepared works posted to government websites and 

to the government website itself if government employees as part of their official duties prepare 

it.

However, if a government website is developed or maintained by a contractor, parts of the 

website authored by the contractor that are subject to copyright protection (i.e., that qualify as 

copyrightable subject matter) are protected by copyright. Ownership of the copyright and the

respective rights of the Government and the contractor are in accordance with the terms of the 

contract under which the web site was developed or maintained. Additionally, it is possible that 

copyrighted works owned by others may be posted to government websites. Copyrighted works 

that are not owned by the Government should be included on government websites only with 

permission of the copyright owner and should include an appropriate copyright notice.

3.2 U.S. Government Works Included in Non-Government Works

3.2.1 May another publisher or individual republish a U.S. Government work and assert 

copyright? 

A publisher or individual can republish a U.S. Government work, but the publisher or individual 

cannot legally assert copyright unless the publisher or individual has added original, copyright 

protected material. In such a case, copyright protection extends only to the original material that 

has been added by the publisher or individual. (See 17 USC § 40372 regarding copyright notice 

requirements for works incorporating U.S. Government works.) 
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3.2.2 Can a U.S. Government work be copyrighted if it is included in conference 

proceedings with other works that are copyrighted?

No, a U.S. Government work is not protected by copyright in the U.S (see FAQ Section 3.1.2). 

However, other works in the proceedings may be copyrighted (see FAQ Section 2.1.4). 

Additionally, the creative aspect of the compilation of materials, e.g., selection, coordination or 

arrangement, may be protected by copyright. 

3.2.3 May the Government reproduce and disseminate U.S. Government works, such as 

journal articles or conference papers, which have been first published or 

disseminated by the private sector?

Assuming the article is written by a government employee as part of his or her official duties and 

the publisher does not add original, copyright protected content, then the government may 

reproduce and disseminate an exact copy of the published work either in paper or digital form. 

(Matthew Bender & Co. v. West Publishing Co.,73 158 F.3d 674 (2d Cir. 1998), cert. denied, 119 

S. Ct. 2039 (1999)).

3.2.4 Can a U.S. Government work be reused after it has been published in a nongovernment product?

Yes, U.S. Government works as originally submitted to the publisher (e.g., manuscripts, charts, 

photographs, etc.) may be reused in another publication. 

3.2.5 Many U.S. Government employees are under the impression that they must transfer 

copyright in works prepared as part of their job to the publisher of a journal or 

book in order to have an article published. Is this true?

No, a paper, report, or other work prepared by an employee of the U.S. Government as part of 

that person‘s official duties is a U.S. Government work. Copyright protection is not provided for 

U.S. Government works under U.S. Copyright Law. Therefore, there is no U.S. Copyright to be 

transferred. U.S Government employees should inform the publisher of their employment status 

and should not sign any document purporting to transfer a U.S. copyright as a prerequisite to 

publication.

Additionally, a U.S. Government work may be protected under foreign copyright laws. The law 

of the foreign country governs ownership of foreign copyrights in U.S. Government works. The 

owner of the copyright may license or transfer a foreign copyright. The transfer of a foreign 

copyright owned by the U.S. Government must be executed by an authorized official of the 

Agency, who is almost never the U.S. Government author.

3.2.6 Should U.S. Government employees sign publishing agreements on works produced 

as part of their official duties? 

Many publishers have standard forms that provide a specific space for authors to indicate that 

they are U.S. Government employees or that they are working on the Government‘s behalf. For 
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examples, see the IEEE Copyright Form74 and the Kluwer Academic/Plenum Publishing Transfer 

of Copyright Form75.

However, many publishing agreements include other terms, such as indemnification or choice of 

law that the government employee may not have authority to accept. Employees should seek 

approval from their own organizations before signing such agreements. 

The following is an example of wording for a permission form from the National Library of 

Medicine that can be suggested to a publisher. 

The U.S. Copyright Act provides that federal government employees cannot copyright material 

prepared in the course of their employment. As an employee of the [name department or agency], 

I have no copyright interest to assign, and upon the recommendation of the Office of General 

Counsel, [acronym for department or agency], must decline to sign the copyright assignment.

Although for the above reasons I am technically unable to assign any copyright to [name 

publication], I still request and authorize you to publish the submitted article in accordance with 

your standard editorial policies. I hope this letter will be sufficient authorization for your needs to 

enable you to consider it favorably.

3.2.7 Is a work co-authored by a U.S. Government employee and a non-government 

author copyrightable? 

A "joint work" is a work prepared by two or more authors with the intention that their 

contributions be merged into inseparable or interdependent parts of a unitary whole (see 17 USC 

§ 101.

76). The authors of a joint work are co-owners of the copyright in the work, unless there is 

an agreement to the contrary (see 17 USC § 201.

77). 

If a joint work is interdependent, contributions are generally created independently by separate 

co-authors with the intention to merge them into a unitary whole, and therefore they comprise 

separable parts. One should be able to isolate the contributions of a government employee from 

the contributions of a non-government employee. If, on the other hand, co-authors collaborated 

on much or all of a joint work, it will be considered inseparable, and it may be impossible to 

determine where the contributions of one author end and the other author or authors begin. 

Therefore, for an inseparable joint work, it is difficult or impossible to isolate the contribution of 

government employees from contributions of non-government employees. When the U.S. 

Government is joint author with a non-government entity, the law on how much of the work is 

protected by copyright is unsettled and is thus open to differing interpretations. In such 

situations, you should consult your Office of General Counsel.

Moreover, while the Copyright law provides that authors of a joint work are co-owners of the 

work, the law regarding how much the Government, as a joint author, may own is unsettled and 

thus open to differing interpretations. The notes following section 201 of the Copyright Act (17 

U.S.C §201) state that, "Under the bill, as under current law, co-owners of a copyright would be 

treated generally as tenants in common, with each co-owner having an independent right to use 

or license the use of a work, subject to a duty of accounting to the other for any profits." 

Nonetheless, to protect the Government's interests, it would be prudent to obtain a license from 

the non-government co-owner to use and distribute the work.
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Since joint authorship is a collaboration in which the authors have the intent from the beginning 

to create an integrated work, when it is anticipated that a government employee will participate 

as a joint author of a work arising under a contract or assistant agreement, it is advisable to 

consult your General Counsel and the outside author concerning the unsettled nature of the law. 

4.0 WORKS CREATED UNDER A FEDERAL GOVERNMENT

CONTRACT OR GRANT

4.1 If a work was created under a Government contract, who holds the 

copyright?

Unlike works of the U.S. Government, works produced by contractors under government 

contracts are protected under U.S. Copyright Law. (See Schnapper v. Foley, 667 F.2d 102 (D.C. 

Cir. 1981), cert. denied, 455 U.S. 948 (1982).) The ownership of the copyright depends on the 

terms of the contract. Contract terms and conditions vary between civilian agencies or NASA and 

the military. 

Civilian agencies and NASA are guided by the Federal Acquisition Regulations (FAR)78. There 

are a number of FAR provisions that can affect the ownership of the copyright (see also FAQ 

Section 4.2 on data rights in SBIR contracts and Section 4.6 on the data rights for special works). 

FAR Subpart 27.4—Rights in Data and Copyrights79<74> provides copyright guidance for the 

civilian agencies and NASA. In addition, Agencies may have their own FAR Supplements that 

should be followed.

Under the FAR general data rights clause (FAR 52.227-14)

80, except for works in which the 

contractor asserts claim to copyright, the Government has unlimited rights in all data first 

produced in the performance of a contract and all data delivered under a contract unless provided 

otherwise in the contract. Unless provided otherwise by an Agency FAR Supplement, a 

contractor may, without prior approval of the Contracting Officer, assert claim to copyright in 

scientific and technical articles based on or containing data first produced in the performance of a 

contract and published in academic, technical or professional journals, symposia proceedings, or 

the like. The express written permission of the Contracting Officer is required before the 

contractor may assert or enforce the copyright in all other works first produced in the 

performance of a contract. However, if a contract includes Alternate IV of the clause, the 

Contracting Officer's approval is not required to assert claim to copyright. Whenever the 

contractor asserts claim to copyright in works other than computer software, the Government, 

and others acting on its behalf, are granted a license to reproduce, prepare derivative works, 

distribute, perform and display the copyrighted work. For computer software the scope of the 

Government's license does not include the right to distribute to the public (see FAQ Section 4.3).

Occasionally there may be a special provision outside the FAR clauses that addresses data rights 

(this would also cover databases), but such provisions would have to be included in the contract, 

statement of work or other agreement that is in place. The specific language should be discussed 

with the Contracting Officer.

The Department of Defense (DoD) is guided by the Defense Federal Acquisition Regulation 
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Supplement (DFARS) Subpart 227.71 – Rights in Technical Data81 and Part 21182 and Part 

252

83provisions that affect the ownership of copyright for works created under contract. DFARS 

Subpart 227.7284 provides the copyright guidance for DoD (FAR 27.40085). The DFARS 

recognizes that the contractor owns the copyright for works created under contract (DFARS 

227.7103-9

86

, DFARS 252.227-7013-4

87). If a special clause is inserted into a contract (DFARS 

252.227-702088), the contractor must assign the copyright to the Government. 

While the Government has rights in more than just deliverables, as a practical matter the 

Government may have difficulty getting access to data unless it is either a deliverable or the 

contractor publishes it with a notice acknowledging the Government‘s sponsorship. The FAR 

requires an acknowledgment of Government sponsorship for contractor publications (see FAQ 

Sections 4.3 and 4.8). However, the DFARS does not. Therefore, it is advisable that works in 

which the Government desires rights are identified in the contract as deliverables. For software 

applications, the contract terms and conditions should also specify the format for delivery. If the 

Government needs to maintain or further develop the software program, it should consider 

expressly requiring delivery of source code.

4.2 Are data rights any different under special programs such as the Small 

Business Innovative Research (SBIR) Program?

Yes. In some cases, the particular program, such as the SBIR program, includes special copyright 

provisions. The FAR SBIR data rights clause, 52.227-2089 permits an SBIR contractor to assert 

copyright ownership unless there is specific language in the contract to the contrary. If claim to 

copyright is made, the Government gets the same license as it receives under the FAR general 

data rights clause, 52.227-11 (see FAQ Section 4.3). Additional restrictions on the Governments 

use of SBIR Data may apply. SBIR data is data first produced by an SBIR contractor in the 

performance of an SBIR contract that is not generally known and that is not already available to 

the Government or has not been made available to others without an obligation of confidentiality. 

If SBIR Data delivered to the Government is marked with the SBIR Rights Notice provided in 

the clause, the Government may use the data for government purposes only, and cannot disclose 

the data outside the Government (except for use by support contractors) for a specified period of 

time. This additional restriction is intended to provide incentives for the development or 

commercialization of the technology or product by the private partner. 

4.3 If the contractor is allowed to assert copyright in a work produced under a 

Government contract, what rights does the Government have?

A contractor's assertion of copyright in a work produced under a DFARS contract does not 

provide any restrictions to the Government's use of the work (see DFARS 227.7103-9

90 and 

227.7203-9

91). In a FAR contract, if the contractor is permitted to assert copyright, the 

Government will acquire a license to the copyrighted work. The extent of the license may depend 

on the type of work created (see FAR 52.227-1492).

Under the FAR, when a contractor asserts copyright in a work first produced in the performance 

of a contract with a civilian agency or NASA, the contractor must place a copyright notice 

acknowledging the government sponsorship (including contract number) on the work when it is 
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delivered to the Government, as well as when it is published or deposited for registration with the 

U.S. Copyright Office (see FAQ Section 4.8). If no copyright notice is placed on the work, the 

Government obtains unlimited rights in the work. Unlimited rights allow the Government to 

provide the work to another contractor and distribute the work to the public, including posting 

the work to a public web site. Otherwise, when claim to copyright is made the Contractor grants 

the Government, and others acting on its behalf, a license to the work.

The Government's license is a nonexclusive, irrevocable, worldwide license to use, modify, 

reproduce, release, perform, display or disclose the work by or on behalf of the Government. The 

Government may use the work within the Government without restriction, and may release or 

disclose the work outside the Government and authorize persons to whom release or disclosure 

has been made to use, modify, reproduce, release, perform, display, or disclose the work on 

behalf of the government. The Government‘s license includes the right to distribute copies of the 

work to the public for government purpose. While the contractor may assign its copyright in 

"scientific and technical articles based on or containing data first produced in the performance of 

a contract" to a publisher, the Government‘s license rights attach to the articles upon creation and 

later assignment by the contractor to a publisher are subject to these rights. Under some FAR 

data rights clauses, if the work is a computer program, the right to release or disclose the 

computer program to the public is not included in the Government's license. If there is any 

question as to the scope of the Government's license, the Contracting Officer or your General 

Counsel should be consulted.

An example of a copyright statement, which includes a government license, for use with works 

created under contracts with civilian agencies and NASA is: 

COPYRIGHT STATUS: This work, authored by ______________ employees, was funded in 

whole or in part by _________________ under U.S. Government contract 

_______________, and is, therefore, subject to the following license: The Government is 

granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable 

worldwide license in this work to reproduce, prepare derivative works, distribute copies to 

the public, and perform publicly and display publicly, by or on behalf of the Government. All 

other rights are reserved by the copyright owner. 

4.4 Does the Government have the same rights to use copyrighted material 

produced outside of a Government contract but included in a work produced 

under a Government contract as it does to portions of the work first produced 

in performance of the contract?

It depends. Under both the FAR and the DFARS, the contractor may not include copyrighted 

material in the work created for the Government without identifying the copyrighted material to 

the Contracting Officer and obtaining the Contracting Officer's permission to incorporate the 

copyrighted material. Normally, the contractor provides a license to the copyrighted material 

equivalent to the license set forth in the contract. However, the contracting officer may approve a 

license of more limited scope if appropriate (see FAR 27.404(f)(2)93 and DFARS 227.7103-

9(a)(2)94).
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4.5 May a Government contractor voluntarily transfer its copyright to the 

Government?

Yes. The Government is not precluded from receiving and holding copyrights transferred to it by 

assignment. (See 17 USC § 105.) A Copyright assigned or otherwise transferred to the 

Government does not lose its copyright status or protection. The Government may record 

transfers of copyright with the U.S. Copyright Office and may register copyrights transferred to 

it.

4.6 Can a contractor be forced to transfer its copyright to the Government?

Yes. Under the FAR special works data rights clause, 52.227-1795, in addition to requiring the 

Contracting Officer's written permission before a contractor may assert copyright ownership in 

material first produced under the contract, the Contracting Officer may instead direct the 

contractor to assign the copyright to the Government. Additionally, in accordance with FAR 

Section 27.404 (g)(3)96, agencies may, to the extent provided in their FAR supplements, place 

limitations or restrictions on the contractor's right to use, release to others, reproduce, distribute, 

or publish any data first produced in the performance of the contract, including a requirement to 

assign copyright to the Government. Thus, Agency FAR supplements (e.g., the NASA FAR 

Supplement at 1852.227-1497) may also direct contractors in this way. 

DFARS clause 252.227-702098 automatically directs the contractor to assign the copyright to the 

Government. 

4.7 May a contractor use works it produced under a Government contract?

Yes, in most cases a contractor may use works it produced under a government contract. 

However, depending on the data rights clause in the contract, restrictions may apply. Under the 

FAR general data rights clause, 52.227-14,

99 the contractor must obtain authorization from the 

Contracting Officer to assert claim to copyright in a work created under the contract or no 

copyright may be asserted (see FAQ Section 4.1). However, in either situation, the contractor 

shall have the right to use, release to others, reproduce, distribute, or publish any data first 

produced or specifically used by the contractor in the performance of the contract, except to the 

extent such data may be subject to the federal export control or national security laws or 

regulations, may include restrictive markings or notices, or unless otherwise set forth in the 

contract (see FAR 27.404(g)100 and 52.227-14(d)101). Agency FAR supplements may include 

more restrictive terms including the right to require the contractor to assign the copyright to the 

Government. 

Under the FAR special works data rights clause 52.227-17,

102 the contractor shall not use any 

work first produced in the performance of the contract for purposes other than the performance of 

the contract, nor shall the contractor release, reproduce, distribute, or publish any such work, nor 

authorize others to do so, without written permission of the Contracting Officer.

Likewise, DFARS clause 252.227-7013103 recognizes the contractor's copyright, while DFARS 
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clause 252.227-7020104 directs the contractor to assign the copyright to the Government. 

However, DFARS 227.7106(b)105 notes that a contractor "retains use and disclosure rights" even 

after such an assignment. Therefore, the Government must negotiate a special license if it wishes 

to restrict a contractor's use of works it produced under contract. There may be other restrictions 

to the contractor's use, such as export control, national security, etc.

4.8 Must a contractor place a copyright notice or acknowledgement of the 

Government’s rights and sponsorship on a work produced under 

Government contract?

Yes, the FAR requires that any contractor claiming copyright ownership to material first 

produced under a FAR contract affix the copyright notice and acknowledgement of government 

sponsorship (including the contract number) on all copies delivered to the Government, on all 

published copies, and on all copies deposited with the U.S. Copyright Office (See FAR 

27.404(f)(1)(v)106), although the Copyright Law has no copyright notice requirement for works 

created on or after March 1, 1989. If these notices are not affixed, the Government has unlimited 

rights. See FAQ Section 4.3 for an example of a copyright statement for use with works created 

under civilian agency and NASA contracts.

Under the DFARS, a copyright notice is not required. (See DFARS 252.227-7013(f) and 

252.227-7014(f)107)

4.9 What are the rules regarding works produced under Government grants and 

cooperative agreements?

The data rights clauses in grants and cooperative agreements are flexible but generally allow the 

recipient to assert copyright. For works created under grants and cooperative agreements with 

colleges, universities, hospitals and non-profit organizations, all federal agencies adhere to the 

policies of OMB Circular A-110 108 Uniform Administrative Requirements for Grants and 

Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit 

Organizations and to OMB Circular A-102,

109 Grants and Cooperative Agreements with State 

and Local Governments when the grantee is a state or local agency such as a state university. 

Section 36 of Circular A-110110 provides that a grantee may assert copyright in any work that was 

developed under the grant or cooperative agreement. The Federal awarding agency reserves a 

royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work 

for federal purposes, and to authorize others to do so. It should be noted that new requirements 

for providing government access111 to information created from grants and cooperative 

agreements were passed as part of the 1999 Omnibus Spending Bill.

Agencies may follow other policies with grants and cooperative agreements with commercial 

firms. The terms of the particular grant or cooperative agreement will specify respective rights of 

the parties. Which data rights clause is in the grant or cooperative agreement, and its specific 

language, should be discussed with the Grants Officer or your General Counsel. 
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4.10 If the grantee assigns his copyright in scientific and technical articles 

produced under a Government grant to a publisher, what rights does the 

Government have in the article?

Pursuant to Section 36 of OMB Circular A-110(a)112, "the Federal awarding agency(ies) reserve a 

royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work 

for Federal purposes, and to authorize others to do so." The Government's license rights attach 

to the articles and later assignment by the grantee to a publisher are subject to these rights. 

4.11 If the contractor assigns his copyright in scientific and technical articles 

produced under a Government contract to a publisher, what rights does the 

Government have in the article?

The Government's license rights attach to "scientific and technical articles based on or containing 

data first produced in the performance of a contract and published in academic, technical or 

professional journals, symposia proceedings or similar works" (See FAR Clause 52.227.14113

Rights in Data General as prescribed in 27.409(a)114). Later assignments by the contractor to a 

publisher are subject to these rights.

The Contractor grants to the Government, and others acting on its behalf, a paid-up, 

nonexclusive, irrevocable worldwide license to reproduce, prepare derivative works, distribute 

copies to the public, and perform publicly and display publicly, by or on behalf of the 

Government. 

4.12 What language could be used in a copyright agreement between a contractor 

or grantee author and a publisher to clarify the author’s right to deposit 

journal articles in the electronic repository of the Government agency that 

funded the author’s research? 

In 2005, the National Institutes of Health (NIH) implemented a Policy on Enhancing Public 

Access to Archived Publications Resulting from NIH-Funded Research115. The NIH Policy 

explicitly recognizes and upholds the principles of copyright. Authors and journals can continue 

to assert copyright in NIH-funded scientific publications, in accordance with current practice. 

The policy encourages authors to exercise their right to give NIH a copy of their final manuscript 

before publication. While individual copyright arrangements can take many forms, NIH 

encourages investigators to sign agreements that specifically allow the manuscript to be 

deposited with NIH for public posting on PubMed Central116 as soon as possible after journal 

publication. Institutions and investigators may wish to develop particular contract terms in 

consultation with their own legal counsel, as appropriate. But, as an example, the kind of 

language that an author or institution might add to a copyright agreement includes the following:
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―Journal acknowledges that Author retains the right to provide a copy of the 

final manuscript to NIH upon acceptance for Journal publication or thereafter, 

for public archiving in PubMed Central as soon as possible after publication by 

Journal."

5.0 USE OF COPYRIGHTED WORKS

5.1 Use of Non-Government copyrighted works in a U.S. Government work

5.1.1 Does the U.S. Government have any special rights to use copyrighted material?

No, the U.S. Government can be held liable for violation of the Copyright Laws. Congress has 

expressly provided that a work protected by the Copyright Laws can be infringed by the United 

States (28 USC § 1498(b))117. The exclusive action for such infringement is an action by the 

copyright owner against the United States in the Court of Federal Claims for the recovery of 

monetary damages. However, there is no contributory copyright infringement on the part of the 

Government because it hasn‘t waived sovereign immunity rights. (John C. Boyle, 200 F.3d 1369 

(Fed. Cir. 2000)118 

While the Government may rely on fair use, the use of materials by the Government is not 

automatically a fair use. The U.S. Department of Justice, Office of Legal Counsel, has stated in a 

U.S. Department of Justice opinion119 dated April 30, 1999, that ―while government reproduction 

of copyrighted material for governmental use would in many contexts be non-infringing because 

it would be a  ̳fair use‘ under 17 USC § 107, there is no  ̳per se‘ rule under which such 

government reproduction of copyrighted material invariably qualifies as a fair use.‖ 

Single copy reproduction of portions of a copyrighted work for use solely for official research or 

related purposes is ordinarily permissible. Additionally, there may be limited exceptions in the 

case of National Security where the public interest results in a privilege to the Government for 

use of the copyrighted work without the express consent of the copyright owner. (Key Maps, Inc.

v. Pruitt, 470 F. Supp. 33 (S.D. Tex. 1978)) For further discussion, see ―Application of the 

Copyright Doctrine of Fair Use to the Reproduction of Copyrighted Material for Intelligence 

Purposes‖ by Major Gary M. Bowen. The Army Lawyer (DA Pam 27-50-332), July 2000.120

5.1.2 Are there any copyright issues related to the use of non-government citations or 

abstracts in U.S. Government authored bibliographies or databases? 

Individual citations are considered facts and are not protected by copyright. However, a 

collection of citations may have protection as a compilation. (See FAQ Section 2.1.4) 

Government use of abstracts from copyrighted sources in abstracting and indexing (A&I) 

services or bibliographic databases should first look to any existing license agreements between 

the agency and the A&I service. The A&I service may have a license agreement with the 

publisher for use of copyrighted information for specific purposes. However, in most cases, the 

A&I service does not have the right to transfer this permission to subsequent users. Therefore, if 

abstracts are to be used in a published bibliography, it is best to seek the permission of the 

copyright owners.
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5.1.3 Does copyrighted material lose its copyright status and protection if it becomes part 

of a U.S. Government work or is included in a compilation published by the 

Government?

No, copyrighted material contained in a U.S. Government work does not lose its copyright status 

and protection. The copyright status of non-government works in a compilation is not affected by 

the lack of copyright protection of other works in the compilation or by the fact that the U.S. 

Government publishes the compilation. When copyrighted materials are included in a 

Government work or a compilation published by the Government, a copyright notice indicating 

what portions of the work are protected by copyright, and identifying the copyright owner, should 

be included. (See Copyright Office Circular 1121) 

5.1.4 May the U.S. Government use works of foreign governments or international 

organizations? 

Many foreign countries provide copyright protection for works of their government. However, 

certain types of official works of government bodies, such as statutes and court decisions, are 

generally not copyrighted. Many foreign governments will consider waiving copyright upon 

request.

International organizations, such as the United Nations and the World Bank, also hold copyright. 

However, many of these documents may contain waivers or waivers may be obtained upon 

request. Depending on the particular agreement, the U.S. Government may have additional rights 

based on contributing, paying or being a sponsoring member of the organization.

5.1.5 Can the Government translate a copyrighted work to which it does not hold 

copyright?

Translations are considered derivative works and whether the translation of the work is fair use 

should be evaluated based on the fair use factors provided in the Copyright Law at 17 U.S.C. § 

107122 (See FAQ Section 2.2.2). 

5.2 Use by Government libraries and archives

5.2.1 Are there any special policies that apply to Government libraries and archives? 

No, there are no special policies that apply to Government libraries and archives. However, 

under 17 USC § 108123, all libraries and archives are provided special rights with respect to 

interlibrary loan, archiving and preservation.

―It is not an infringement of copyright for a library or archives, or any of its employees acting 

within the scope of their employment, to reproduce no more than one copy or phonorecord of a 

work, or to distribute such copy or phonorecord, under the conditions specified by this section, if 

the...
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(1) reproduction or distribution is made without any purpose of direct or indirect 

commercial advantage;

(2) collections of the library or archives are (i) open to the public, or (ii) available 

not only to researchers affiliated with the library or archives or with the 

institution of which it is a part, but also to other persons doing research in a 

specialized field; and

(3) reproduction or distribution of the work includes a notice of copyright.‖

Specific guidelines on photocopying and interlibrary loan are also provided in the CONTU 

Guidelines on Photocopying under Interlibrary Loan Arrangements,

124 and in Copyright Office 

Circular 21: Reproductions of Copyrighted Works by Educators and Librarians.

125

5.2.2 Can copyrighted material be copied for library archival purposes? 

Section 108 of the Copyright Act126 addresses library archiving. The Digital Millennium 

Copyright Act3amended Sec. 108 to cover both digital and non-digital copies. It permits the 

creation of three copies only if the library or archives has, after reasonable effort, determined that 

an unused replacement cannot be obtained at a reasonable price. These copies may not be 

distributed to the public outside the premises of the library or archive. The material may also be 

converted to a new format for preservation. 

Although, the Sonny Bono Copyright Term Extension Act added 20 years to the term of 

copyright, it also added section 108(h), allowing libraries and archives to make copies of text 

works that were no longer being sold and copies of which cannot be obtained at a reasonable 

price for preservation purposes during the 20-year extension period. Title IV "Preservation of 

Orphan Works Act‖ contained in the "The Family Entertainment and Copyright Act of 2005‖ 

amends section 108(i) and 108(h) to now include musical works; pictorial, graphical and 

sculptural works; and most motion pictures and other audiovisual works.

5.2.3 What happens if the actual need for copyrighted material exceeds the exceptions 

granted in 17 USC §§ 107 and 108? 

When the anticipated needs for copyrighted material exceed the exceptions granted in § 107127

and §108128, then the agency, library or the patron should seek permission or license agreements. 

Two approaches to managing these permissions and licenses are to enter into an agreement with 

the copyright owner directly or to establish an agreement with a copyright clearance center (see 

FAQ Section 6). 

5.2.4 Do copyright principles apply to materials purchased and licensed by Government 

libraries?

Federal librarians procure published materials in a variety of formats for the use of federal 

employees and the public. Generally, federal libraries do not own copyrights in the materials in 

their collection. In the paper environment, libraries usually purchase copies to add to their 

collections. Copyright law, fair use, and the ―first sale‖ doctrine address the rights and 

responsibilities of the library as purchaser and of its users. However, in the digital environment, 
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while copyright principles apply, the rights of the library and its users are usually negotiated 

through contractual agreements and licenses. The terms of these agreements usually allow 

viewing materials and making reasonable copies for personal or agency use, but most specifically 

forbid substantial or systematic reproduction and systematic supply or distribution to nonauthorized users. 

It is important to work with your agency contracting officer and legal advisor in negotiating 

license agreements for databases, e-books, electronic journals or other subscription products. For 

further discussion and guidance, see the FEDLINK Video Presentation Licensing Electronic 

Publications for Use in a Federal Agency,

129 CENDI's License Agreements for Electronic 

Products and Services: Frequently Asked Questions,

130 and the National Library of Medicine 

Policy on Acquiring Copyrighted Material in Electronic Format.

131

 Libraries should be 

proactive in informing and educating users about copyright and information license agreements. 

For examples, see the Naval Research Laboratory Library Use and Disclaimer Notice132 and 

Smithsonian Institution Libraries Permissions: Using Digital Materials from the Smithsonian 

Institution Libraries.

133

5.3 Permissions, licenses and releases to use copyrighted works

5.3.1 How can you determine if copyright permission is needed?

Permission is not needed if the work is in the public domain (see FAQ Section 2.2.4), when the 

use is a fair use (see FAQ Section 2.2.2), or if a license or agreement covers the intended use. 

Otherwise, permission should be sought.

5.3.2 Is it necessary to get permission to use facts from a copyrighted source? 

Permission is not needed for the use of facts, because Copyright Law does not protect facts. 

However, to the extent that the facts are presented in tables, chart, graphs, or figures that can be 

copyrighted, permission may be necessary. Although it is always desirable to give attribution to 

the source, attribution is not a substitute for permission. 

5.3.3 What should be considered when getting a license, release or permission?

Reasonable rights should be requested, covering the uses for which the work is intended to be 

utilized and considering potential uses in the future. Copyright owners generally treat 

permissions as being more informal than licenses. Permissions are usually royalty-free, so the 

rights requested should be reasonably narrow. However, licenses and releases often require a 

royalty or one-time payment. In all cases, consideration should be given to platforms/formats, 

geographical or marketing areas, duration, warranties and indemnities for incorrect information, 

one-time only or multiple uses, and current version versus revisions. 

The wording should be developed with your Office of General Counsel. However, the final 

product will be only as comprehensive as the information you have provided to the counsel 

concerning your intended use of the material. 
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Many publishers have examples of permissions posted. A sample letter requesting permission is 

available from the University of Texas.134

5.3.4 Are there other rights that should be addressed regarding the U.S. Government’s 

use of non-government works?

Yes, these may include the rights of privacy and publicity. For example, a release should be 

sought in all cases where a person‘s voice or recognizable image will be included in the 

Government work. While a release may have been obtained for one purpose, it may not 

necessarily cover additional uses. If authorization to use a picture or video for government 

purposes is obtained, use for non-governmental purposes may require additional authorization. 

For example, if a picture or video is being provided to a commercial firm for commercial use, the 

original release may not apply. Your General Counsel should review the original release.

5.3.5 Can the Government transfer licenses or permissions? 

The ability to transfer permission depends on the original agreement between the copyright 

owner and the party to which the permission was originally granted. Permission obtained from a 

copyright owner is not transferable to a third party, unless expressly stated. If a Government 

agency has obtained a government-wide permission, it may provide the material to other 

agencies. 

5.3.6 Must the Government request permission to include copyrighted material owned by 

a government employee in a U.S. Government work? 

Yes. The Government or any other entity wishing to include copyrighted materials in a 

publication must seek permission from any copyright owner (See FAQ Section 5.1.1). For 

limitations on a government employees‘ right to sue the Government for copyright infringement, 

see 28 U.S.C. § 1498(b)135.

5.3.7 Does a government agency need a license to perform copyrighted music or show a 

copyrighted video at a government sponsored meeting or event? 

The agency may not need a license if the event is not open to the public and less than a 

substantial number of persons may attend; if the performance falls within fair use; or if the 

performance of the copyrighted work is in the course of face-to-face teaching or is otherwise 

exempt under § 110136.

This question primarily involves whether or not this is a "public performance." 17 U.S.C. § 

106(4)137 provides the copyright owner with the exclusive right to "perform the copyrighted work 

publicly," but this exclusive right does not extend to private performances, and the agency may 

show the video if the performance were considered to be private. "Public performance" means: 

1) to perform or display a work at a public place or any place where a substantial number of 

persons (other than a family and its social circle) are gathered; or 2) to transmit or communicate a 

performance or display to a place specified in (1) or to the public, regardless of whether the 

performance or display is received in one or more places and at the same time or at different 
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times, see 17 U.S.C. § 101138.

With respect to a "substantial number of persons," The House Committee on the Judiciary Report 

to accompany S.22, which became the Copyright Act of October 1976, P.L. 94-553, 90 Stat. 

2541, indicated that routine meetings of businesses and governmental personnel would be 

excluded because they do not represent the gathering of a "substantial number of persons." See 

H.R. Rep. No. 1476, 94th Cong.2d Sess. 64, reprinted in 1976 U.S. Code Cong. & Adm. News 

5659, 5677-78139.

The House Report, however, is not the law, although a court might look to it if it found the law to 

be ambiguous and that the Report helped explain Congress‘s intent concerning the ambiguity; 

further, the Report is arguably inconsistent with the statutory language‘s reference to a family and

its social circle. See Patry on Copyright, §14:25140. Rather than relying on this statement in the 

House Report, all aspects of the intended use, intended audience, and location of the performance 

should be examined.

Neither the law nor the House Report defines a ―substantial number of persons,‖ and the House 

Report does not define ―routine meeting.‖ However, the fewer the number of attendees and more 

often the gatherings take place, the more likely a meeting is to be ―routine‖ and to have fewer 

than ―a substantial number‖ of persons. Note that the meeting is what must be routine; routine 

copyright violations are not permitted. 

Regardless of the audience‘s size, events that are open to the public usually constitute a "public 

performance," even if the performance occurs in a private or "semipublic place," such as an 

office. See Columbia Pictures Industries, Inc. v. Redd Horne Inc141, 568 F.Supp 494 (W.D.Pa. 

1983) aff'd 749 F.2d 154 (3d Cir, 1984). In this case the court found it unnecessary to consider 

whether a substantial number of people were gathered, finding that the video booths in question 

were ―open to the public‖ and citing H.R.Rep. No. 1476, 94th Cong.2d Sess. 64, ―One of the 

principal purposes of the definition [of ―publicly‖] was to make clear that, contrary to the 

decision in Metro-Goldwyn-Mayer Distributing Corp. v. Wyatt, 21 C.O. Bull. 203 (D. Md. 

1932), performances in  ̳semipublic‘ places such as clubs, lodges, factories, summer camps, and 

schools are  ̳public performances‘ subject to copyright control.‖

Notwithstanding 17 U.S.C. § 106142, a public performance may be a "fair use" of a copyrighted 

work, see 17 U.S.C. § 107143. Whether or not a group charges an admission fee for the event is 

not determinative as to whether there is a copyright violation: in addition to the effect on the 

market for the work, the purpose of the use, nature of the work, and amount of the work (such as 

a video clip vs. the whole video) that is performed are also key considerations. For guidance on 

"fair use," see FAQ section 2.2.2.

Performance of a work by instructors or pupils in the course of face-to-face teaching activities of 

a nonprofit educational institution, in a classroom or similar place devoted to instruction does not 

infringe copyright, see 17 U.S.C. § 110(1)144. Non-dramatic literary or music works, such as 

certain nonprofit musical performances, may also be performed without permission under 

specific circumstances. See, e.g., § 110(4)145.
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5.4 Infringement by the Government

5.4.1 What acts constitute a copyright infringement?

Unauthorized use of a copyrighted work is an infringement unless the use is outside the exclusive 

rights provided by the Copyright Law, or unless the use is covered by one of the limitations on 

the exclusive right, such as fair use under 17 U.S.C. § 107,

146 reproduction by libraries or 

archives under 17 U.S.C. § 108,

147 or transfer of particular copies or phonorecords (first sale 

doctrine) under 17 U.S.C. §109.

148 Once the copyright is registered in the U.S. Copyright Office, 

the owner of the exclusive rights infringed is entitled to institute an infringement action.

5.4.2 Can a copyright owner sue the Government if the Government or a contractor 

performing under a government contract, infringes the copyright?

Yes. Title 28 U.S.C. § 1498(b)149 specifies that a copyright owner's exclusive remedy shall be an 

action against the United States in the U.S. Court of Federal Claims. The suit must be initiated 

within three years of the act of infringement. The U.S. Government is also liable for 

infringement by a government contractor if the contractor acted with the authorization or consent 

of the Government. DOD agencies process administrative claims of copyright infringement in 

accordance with DFARS Subpart 227.70150.

5.4.3 What are the consequences for infringement by U.S. Government agencies?

In accordance with 28 U.S.C. 1498(b)151, the Government‘s liability is for either the reasonable 

and entire compensation or the minimum statutory damages. The minimum statutory damages 

are $750 per infringement. Therefore, neither willful nor innocent infringement is an issue when 

determining damages for the Government. 

5.4.4 Who represents the government in copyright infringement suits?

The Department of Justice represents the government in court.

6.0 APPLICABLE COPYRIGHT LEGISLATION AND OTHER 

RESOURCES ON THE INTERNET (originally published as Bibliography on 

Copyright: Education and Fair Use Issues, 12/26/00, used courtesy of Mary Levering, 

U.S. Copyright Office)

This bibliography lists some recent publications, articles, brochures, websites, and listservs related to copyright 

educational and library fair use issues that provide information and a variety of perspectives on these issues. This list

is not intended to be exhaustive nor does the U.S. Copyright Office necessarily endorse the work listed. Website 

addresses cited were all correct and active as of August 2004.

U.S. Copyright Office Sources

U.S. Copyright Office. Copyright Act of 1976, as amended.

<http://www.copyright.gov/title17/92chap1.html> [U.S. Copyright Law. 17 U.S.C. §§ 101, et seq.]
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U.S. Copyright Office. Copyright Basics. Circular 1, 1996. 12 pp.

<http://www.copyright.gov/circs/circ1.html> [Copyright Office Circular 1 provides general information and answers 

some basic questions that are frequently asked about copyright.]

U.S. Copyright Office. Fair Use, FL 102 (form letter), December 1994. 1 p.

<http://www.copyright.gov/fls/fl102.pdf> [Form letter summarizing basic fair use principles.]

U.S. Copyright Office. DMCA Section 104 Report, August 2001. 166 pp. plus appendices

<http://www.copyright.gov/reports/studies/dmca/dmca_study.html> 

[This Report, pursuant to § 104 of the Digital Millennium Copyright Act, describes the effects of DMCA's Title 1 and the 

development of electronic commerce and associated technology on the operation of 2 sections of the Copyright Act which 

limit exclusive rights (§ 109 "effect of transfer of particular copy or phonorecord" and § 117 "computer programs" of Title 

17 U.S.C, as amended); the report evaluates the relationships between existing and emerging technology and the operation 

of these sections.]

U.S. Copyright Office. Report on Copyright and Digital Distance Education, May 1999. 170 pp. Plus 

appendices. <http://www.copyright.gov/disted/> 

[This report gives an overview of the nature of distance education as of mid-‘99, describes licensing practices in digital 

distance education (including problems and future trends), the status of technologies relating to delivery of distance 

education courses and protection of their content; discusses prior initiatives to address copyright issues through 

negotiation of guidelines or enactment of legislation, and analyzes the application of Copyright Law to digital distance 

education.]

U.S. Copyright Office. Reproduction of Copyrighted Works by Educators and Librarians. Circular 21, 

1992. 26 pp. <http://www.copyright.gov/circs/circ21.pdf>

[This circular includes excerpts from pertinent Congressional documents and legislative provisions relating to fair use 

and library photocopying in the U.S. Copyright Law, and other relevant documents dealing with reproduction of 

copyrighted works by librarians and educators. It includes the 4 sets of educational and library fair use guidelines 

incorporated in U.S. congressional documents in 1976 and 1981.]

U.S. Copyright Office. Website. <http://www.copyright.gov> 

[Most of the information published by the U.S. Copyright Office on paper is also available for viewing and 

downloading from the Office's website and gopher site, including information circulars, federal copyright regulations, 

the Register's testimony, the Office's recent major reports, application forms, and access to Copyright Office records 

from 1978. To access Copyright Office online databases of copyright records, use <telnet: locis.loc.gov>.]

CONFU (Conference on Fair Use, 1994-98)

U.S. Information Infrastructure Task Force, Working Group on Intellectual Property Rights, Bruce 

Lehman, Chair. The Conference on Fair Use: Report to the Commissioner on the Conclusion of the 

Conference on Fair Use. Washington, DC. U.S. Patent and Trademark Office. 1998. 189 pp. 

<http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.htm>

[The CONFU November 1998 Final Report and the September 1997 First Phase Report document the genesis and 

history of CONFU, contain proposals for educational fair use guidelines for distance learning (Appendix I), and for 

digital images (Appendix H), the guidelines adopted for educational multimedia, the uniform preamble accepted by 

CONFU participants (Appendix G), the "Statement on Use of Copyrighted Computer Programs (Software) in Libraries-

-Scenarios" (Appendix K), together with all of the individual comments and institutional notifications received 

concerning the proposals for guidelines and information about the participating organizations.]

Other Sources

Association of Research Libraries. Principles For Licensing Electronic Resources. July 15, 1997. 6 pp.

<http://www.arl.org/sc/licensing/licprinciples.shtml> 

[Six library associations, representing an international membership of libraries of all types and sizes, developed this 

statement of principles to guide libraries in negotiating license agreements for access to electronic resources so as to create 

agreements that respect the rights and obligations of both parties.]
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Besenjak, Cheryl. Copyright Plain and Simple. Franklin Lakes, NJ. Career Press, 1997. 192 pp.

[This handbook on copyright principles and procedures outlines the fundamental elements of copyright in plain and simple 

language and through practical examples as part of the Career Press "Plain and Simple" series.]

Bruwelheide, Janis H. and Mary Hutchings Reed. The Copyright Primer for Librarians and Educators. 

Chicago, IL: American Library Association, and Washington, DC: National Education Association, 2d 

edition, 1995. 160 pp. 

[This resource for educators and librarians in a question-and-answer format offers commentary on critical developments, 

especially those related to video, digitization and emerging technology, addressing issues such as fair use, copyright and 

photocopying for library & educational purposes from an educator's perspective.]

Computer Science and Telecommunications Board, National Research Council. The Digital Dilemma: 

Intellectual Property in The Information Age. Washington, DC. National Academy Press, 2000. 340 pp.

<http://www.nap.edu/books/0309064996/html>

[This report by the Committee on Intellectual Property Rights in the Emerging Information Infrastructure describes the 

multiple facets of digitized intellectual property, defining terms, identifying key issues, and explaining alternatives, and 

follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the 

international context and the nature of human behavior. NAP announcement fall 2000.]

Consortium for Educational Technology for University Systems. Fair Use of Copyrighted Works: A Crucial 

Element in Educating America. Seal Beach, CA: CSU Chancellor's Office, 1995. 34 pp. [California State 

University, State University of New York, City University of New York.]

<http://www.cetus.org/fairindex.html>

[A consortium of three major universities, the CSU-SUNY-CUNY Work Group on Ownership, Legal Rights of Use, and 

Fair Use, address copyright and fair use in the context of higher education, includes analyses of court decisions on 

educational fair use.]

Crews, Kenneth D. Copyright Essentials for Librarians and Educators. Chicago, IL: American Library 

Association, 2000. 143 pp.

[This analysis by Kenneth Crews, with contributions from Dwayne K. Butler and others, was a project of the Copyright 

Management Center of Indiana University - Purdue University (which is directed by Crews who serves as Associate Dean 

of the Faculties for Copyright Management) and is intended to help professionals that provide information to the public 

understand and apply copyright law, and make informed and appropriate decisions about protecting copyright when using 

new formats and delivery systems that make duplication and transfer of information so easy.]

Crews, Kenneth D. Copyright Law and Graduate Research: New Media, New Rights and Your 

Dissertation. Ann Arbor, MI: UMI Company, 1996. 29 pp.

[This useful manual explains the fundamentals of copyright and is intended to help university students and faculty 

advisors understand their legal rights and responsibilities regarding the use of others copyrighted works. It explains 

when to seek copyright permissions and how to obtain them and also provides guidance on how to protect one‘s own 

copyrighted works.]

Crews, Kenneth D. Copyright, Fair Use, and the Challenge for Universities: Promoting the Progress of 

Higher Education. Chicago, IL: The University of Chicago Press, 1993. 256 pp.

[An explanation of copyright and the ambiguous concepts of fair use as they affect and are affected by higher 

education. The first large-scale study of its kind surveys the copyright policies of 98 American research universities 

and reveals a variety of ways in which universities have responded to--and how they could better manage--the 

conflicting goals of copyright policies--avoiding infringements while promoting lawful uses that serve teaching and 

research. Introduction.]

Perspectives on ... Fair Use, Education, and Libraries: A Town Meeting to Examine the Conference on 

Fair Use. Lois Lunin, ed., Kenneth D. Crews and Dwayne K. Buttler, guest eds. Journal of the American 

Society for Information Science. Vol. 50, 1999. 

[This special issue of JASIS Perspectives contains several articles by presenters at the 2d town meeting on fair use, 

"Fair Use, Education and Libraries: a Town Meeting to Explore the Conference on Fair Use", hosted by the Indiana 

University Institute for the Study of Intellectual Property and Education and held at the campus of Indiana UniversityPurdue University in Indianapolis, Indiana, on April 4, 1997.]
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Fair Use Guidelines for Educational Multimedia. Nonlegislative Report of the Subcommittee on Courts 

and Intellectual Property, Committee on the Judiciary, U.S. House of Representatives. September 27, 

1996. 12 pp. 

<http://www.ccumc.org/system/files/MMFUGuides.pdf>

[The Consortium of College and University Media Centers coordinated development of these guidelines during

1994-96, together with numerous participating organizations in a parallel initiative to CONFU; these guidelines were 

completed in September 1996 and acknowledged by the U.S. Congress in this Nonlegislative Report.]

Gasaway, Laura N., editor. Growing Pains: Adapting Copyright for Libraries, Education and Society. 

Littleton, CO: Fred B. Rothman & Co., 1997. 558 pp.

[Collection of 20 essays written by a variety of scholars with expertise in the fields of Copyright Law, education, and 

librarianship who advocate changes in the copyright statute, in interpretations of the law, and in school and library 

practices so that librarians and educators can meet their obligations.]

Gasaway, Laura N. and Sarah K. Wiant. Libraries and Copyright: A Guide to Copyright Law in the 

1990s. Washington, DC: Special Libraries Association, 1994. 271 pp. 

[Both authors are directors of university law libraries and professors of law; this source covers the functions and uses 

of Copyright Law, geared primarily to librarians and anyone engaged in the lending of and dissemination of 

copyrighted works.] 

Goldstein, Paul. Copyright's Highway: From Gutenburg to the Celestial Jukebox. New York, NY: Hill 

and Wang, 1994. 261 pp.

[Copyright expert Paul Goldstein, Professor of Law at Stanford University, traces the 300-year old history of copyright, 

explains the concepts and rationale behind the idea of intellectual property rights, and highlights noteworthy legal 

battles, (including the famous Williams & Wilkins photocopying case). Booklist, Dec. 1, 1994.]

Hardy, I.Trotter. Project Looking Forward: Sketching the Future of Copyright in a Networked WorldFinal Report. Washington, DC: U.S. Copyright Office, May 1998. 304 pp.

<http://www.copyright.gov/reports/thardy.pdf> 

[A report commissioned by the U.S. Copyright Office from I. Trotter Hardy, Professor of Law, College of William and 

Mary, as part of the U.S. Copyright Office's continuing effort to examine the future of the Internet and related digital 

communication's technologies, and to identify legal and policy issues that might arise as a result. Copies are available 

from the U.S. Government Printing Office - stock number 030-002-00191-8.]

Harper, Georgia. Will We Need Fair Use in the Twenty-First Century? March 4, 1997. 31 pp.

<http://www.utsystem.edu/ogc/intellectualproperty/fair_use.htm> 

[The author, a copyright lawyer in the Office of General Counsel of the University of Texas System, explores the 

meaning of fair use to "focus attention on those parts of its function that are most affected by the electronic 

environment; an examination of that effect; an evaluation of the supposed benefits of fair use and alternative ways to 

achieve those benefits given the impact of the electronic environment on fair use."]

Malero, Marie C. A Legal Primer on Managing Museum Collections. Washington, DC: Smithsonian 

Institution Press, 2 ed. 1998. 

[This source has an informative 50-page discussion on copyright issues for museums, written by former Smithsonian 

Institution Assistant General Counsel Ildiko DeAngelis.]

Shapiro, Michael S. and Brent I. Miller. A Museum Guide to Copyright and Trademark. Washington, 

DC: American Association of Museums, 1999. 226 pp.

[This Museum Guide is designed to guide informed decisions by museums about how to manage intellectual property 

owned by the museums and that of others that museums hold in trust, and how to establish best practices for 

developing institutional policy and procedural statements.]

Templeton, Brad. 10 Big Myths About Copyright Explained: An Attempt to Answer Common Myths About 

Copyright Seen on the Net. <http://www.templetons.com/brad/copymyths.html>

[This web-based essay by a publisher of an electronic newspaper on the net is an attempt to answer common "myths" 

about copyright seen on the Net and covers issues related to copyright and Usenet/Internet publication.]
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Websites (with Copyright Information)

These websites contain references, inks, and additional informational resources and opinions on copyright, 

educational and library fair use issues. Many of these sites have links to other informational materials with related 

copyright themes.

Fair Use Guidelines for Educational Multimedia. <http://www.ccumc.org/copyright/ccguides.html>

[Development of these fair use guidelines was coordinated by the Consortium of College and University Media Centers 

during 1994-96, together with numerous participating organizations. The guidelines were recognized by the U.S. Congress 

in a Nonlegislative Report dated September 27, 1996.]

Indiana University. Copyright Management Center. <http://www.copyright.iupui.edu/ >[Maintained as a resource for 

the academic community, this site offers access to resources about copyright and its importance to higher education. Topics of 

particular interest include fair use and distance learning.]

Library of Congress. American Memory: How to Understand Copyright Restrictions.

<http://memory.loc.gov/ammem/ndlpedu/start/cpyrt/index.html> 

[The Library of Congress provides general information on copyright, fair use and questions related to classroom examples 

from teachers, using American Memory collections, digitized by the Library of Congress and available on the Library's 

website.]

Music Library Association. < http://www.lib.jmu.edu/org/mla/ >

[MLA's website on copyright, "Copyright for Music Librarians ".]

Software and Information Industry Association. <http://www.siia.net> 

[SIIA, a trade association of the information industry, software developers and producers, conducts a comprehensive 

program of education, legal enforcement and public policy to fight the problem of software piracy; its education program 

provides tools for educators and others to help teach respect for copyright in software.]

Stanford University. <http://fairuse.stanford.edu/> <http://palimpsest.stanford.edu/bytopic/intprop/>

[Websites on "Copyright and Fair Use" and "Copyright and Intellectual Property" with many documents and links related to 

libraries, education, copyright and fair use.]

University of Texas System. "Copyright Management Center Website." 

<http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm> 

[Contains many resources related to copyright in libraries and includes an interactive "Software and Database License 

Agreement Checklist."]

Washington State University. <http://publishing.wsu.edu/copyright/index.html>

[Website for the University's Copyright Office with links to articles, fact sheets and guidelines on copyright.]

When Works Pass Into the Public Domain. <http://www.unc.edu/~unclng/public-d.htm>

[This chart, compiled by Laura N. Gasaway, outlines the duration of copyright for works covered by U.S. Copyright Law.]

Yale University. <http://www.library.yale.edu/~okerson/copyproj.html>

[Website with "Copyright Resources Online".]

Websites (for copyright licensing and permissions)

The following are some of the organizations that manage rights on behalf of rights holders and provide copyright 

licensing and permissions services. Others provide helpful information determining public domain works of for 

locating rights holders.
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Art Museum Image Consortium (AMICO) <http://www.amico.org/home.html>

[AMICO is a not-for-profit association of institutions with collections of art that have come together to enable 

educational use of the digital documentation in their collections through licensing educational access to museum 

multimedia documentation.]

Authors Registry. <http://www.authorsregistry.org/>

[The Authors Registry is a non-exclusive licensor of author or agent-controlled rights including electronic and 

photocopy reproduction rights.]

Christian Copyright Licensing International (CCLI). <http://www.ccli.com>

[CCLI serves more than 140,000 churches worldwide to educate churches about Copyright Laws and provide licensing 

services for reproduction of church-related materials.]

Copyright Clearance Center (CCC). <http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n>

[The CCC is a not-for-profit organization created in 1978 at the suggestion of the U.S. Congress to help organizations 

and individuals comply with U.S. Copyright Law through its licensing programs which provide authorized users with a 

lawful means for making photocopies from its repertory of over 1,750,000 titles.]

Creative Eye. <http://creativeeyecoop.com> 

[Creative Eye, a cooperative of independent photographers and illustrators, provides licensing services for images in 

digital form on behalf of its members through its stock agency, Mira.]

Graphic Artists Guild (GAG). <http://www.gag.org/> 

[The GAG provides online portfolios of GAG members for permissions and licensing purposes]

Motion Picture Licensing Corporation (MPLC). <http://www.mplc.com>

(MPLC is a copyright licensing service authorized by major Hollywood motion picture studios and independent 

producers to grant "umbrella" licenses to non-profit groups businesses and government organizations for public 

performances of home videocassettes and videodiscs.]

Music performing rights licensing organizations.

ASCAP <http://www.ascap.com/licensing/about.html>

BMI <http://www.bmi.com/licensing/>

SESAC <http://www.sesac.com/licensing/obtain_a_license.aspx>

[These music performing rights licensing organizations represent song writers and publishers and provide information 

about music licensing and copyrights.]

National Association of College Stores (NACS). <http://www.nacs.org/public/industry.asp>

[The NACS website includes copyright information, Q&A concerning copyright compliance, procedures for obtaining 

permission to copy, including course pack permission request forms and the guidelines for classroom copying.]

National Writers Union/Publications Rights Clearinghouse (NWU/PRC). <http://www.nwu.org>

[The Publications Rights Clearinghouse is the NWU agency that collects online royalties for freelance writers.]

National Music Publishers Association/Harry Fox Agency (HFA). <http://www.nmpa.org/aboutnmpa/hfa.asp>

[The HFA, which represents over 20,000 American music publishers, was established by the National Music 

Publishers Association to license musical compositions for use on records, tapes, audio-visual works, CDs and 

computer chips for private and commercial purposes.]

Picture Archive Council of America (PACA). <http://www.pacaoffice.org/>

[PACA is the trade association for stock photography agencies in North America with almost 100 member agencies' 

names, addresses and contact information listed on the Website. Image users can request a complimentary copy of the 

PACA membership directory by fax to the PACA Office--fax# 507-645-7066 or by email <info@pacaoffice.org>.]

Publishers' Catalogues. <http://www.lights.ca/publisher>

[A worldwide directory of publishers' web pages for licensing and other purposes.]

WATCH: Writers, Artists and Their Copyright Holders.
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< http://tyler.hrc.utexas.edu/>

[The WATCH website is maintained by the Harry Ransom Humanities Research Center at the University of Texas at 

Austin and the University of Reading to help users locate copyright holders and to provide basic information about 

U.S. Copyright Law to researchers.]

XanEdu. <http://www.xanedu.com>

[XanEdu, formally Campus Custom Publishing, Inc., serves educational institutions and faculties' needs for compiling 

course-specific anthologies and other course materials through custom publishing services including clearing 

copyrights, paying royalties and securing copyright permissions where necessary. XanEdu provides custom publishing 

services through its content distributing agreement w/ProQuest Information and Learning which provides access to a 

large digital commercial archive including works of 8,000 publishers worldwide including periodicals, newspapers, 

out-of-print books, dissertations and scholarly collections of manuscripts.]

ListServs

CNI-COPYRIGHT ListServ. <http://www.cni.org/Hforums/cni-copyright/>

[An Internet discussion list on copyright and intellectual property related issues, with discussion among diverse 

contributors who may have expertise on copyright or who are seeking answers to their questions, sponsored by the 

Coalition for Networked Information. 

LibLicense ListServ. Website and Listserv. <http://www.library.yale.edu/~llicense/index.shtml> 

[Licensing Electronic Resources, an Internet discussion list on library licensing issues and electronic content licensing 

for academic and research libraries, sponsored by Yale Univ. Lib., Commission on Preservation & Access, and Council 

on Library and Information Resources; includes sample license language and commentary.]

U.S. Copyright Office NEWSNET ListServ. <http://loc.loc.gov/copyright/newsnet/>

[An electronic mailing list from the U.S. Copyright Office that sends periodic email messages, which alert subscribers 

to congressional and other hearings, new regulations, publications and other copyright-related subjects.]

Other Sources (from CENDI Copyright Task Group)

American Association for the Advancement of Science. Electronic Publishing in Science: Intellectual 

Property Protections.

<http://www.aaas.org/spp/sfrl/projects/epub/finalrept.html>

[This AAAS project examines intellectual property issues associated with electronic publishing in science.]

Cederqvist, Fredrik. Copyright of Government Works: An International Survey. New York Law School. 

<http://www.nyls.edu/cmc/papers/copyrite.txt>

[Lists countries that do and do not copyright government works.]

Ebbinghouse, Carol. ―Not All Laws Are Free: The Importance of the Veeck Case”. Searcher, Vol. 10, 

No.2, Feb 2002. 

<http://www.infotoday.com/searcher/feb02/ebbinghouse.htm>

Gellman, Robert. Twin Evils: Government Copyright and Copyright-like Controls Over Government 

Information. Syracuse Law Review v. 45(‘95) p. 999-1072. ADA394923 

<http://handle.dtic.mil/100.2/ADA394923>

ICSU/CODATA Summary of Database Protection Activities.

<http://www.codata.org/data_access/summary.html>

International Standards Organization. ISO Technical Report 21449. "Content Delivery and Rights 

Management - Functional Requirements for Identifiers and Descriptors for Use in the Music, Film, Video, 

Sound Recording, and Publishing Industries"

<http://www.nlc-bnc.ca/iso/tc46sc9/21449.htm>
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[Establishes a frame of reference for describing the nature of the business and information transactions that take place in the course of 

production, distribution, and rights management. It focuses specifically on the requirements of the originators, producers, distributors, 

registration authorities, and rights administrators involved in the development and delivery of intellectual and artistic content in an 

attempt to define relationships to facilitate digital rights management in an e-commerce environment.]

Library of Congress. Federal Library and Information Center Committee (FLICC). Copyright, Electronic 

Works, And Federal Libraries: Maintaining Equilibrium. 1999 FLICC Forum on Federal Information 

Policies: A Summary of Proceedings, March 10, 1999-Library of Congress-Washington DC. 

<http://lcweb.loc.gov/flicc/forum99.html>

[See ―Providing Guidance-An Agency Policy on Copyright‖ by John Raubitschek, Patent Counsel-Department of Commerce 

<http://lcweb.loc.gov/flicc/forum99.html#Raubitschek>]

Kim, Yong-Chan. Copyright and Internet Social Claims and Government's Intervention.

<http://www.msu.edu/user/kimyong2/copy.htm>

Levitt, David S. ―Copyright Protection for U.S. Government Computer Programs‖, IDEA: The Journal of 

Law and Technology. 40 IDEA 225 (2000), Franklin Pierce Law Center. 

<http://www.ipmall.org/hosted_resources/IDEA/40_IDEA/40-2_IDEA_225_Levitt.pdf>

Manz, Paul C., et al. “Protecting Government Works: The Copyright Issue‖. Acquistion Review Quarterly-Winter 

2002. Defense Acquistion University, Ft. Belvoir, VA. Paul C. Manz, Michael J. Zelenka, Raymond S. Wittig, and 

Sally A. Smith

<http://www.dau.mil/pubs/arq/2002arq/Manz.pdf>

[The federal government, through its employees and contractors, produces commercially valuable inventions and information 

every day, often without any protection of the intellectual property involved. Intellectual property protection may provide 

sufficient incentive to investors to commercialize by granting a measure of exclusivity for a period of time. Federal program 

managers and directors, as well as private sector investors, should become familiar with all available intellectual property 

protection, such as: copyright law, including its impact on "government works," those created by federal and contract employees; 

the alternatives that would permit the Government to own the copyright in "government works"; the ability to allow private sector

companies to assign co-authored works; and the importance to a federal technology manager of such protection.]

Mitchell, Bradley W. Works of the United States Government: Time to Consider Copyright Protection. 

Thesis. Washington D.C. George Washington University School of Law. 2002. ADA406618

<http://handle.dtic.mil/100.2/ADA406618>

[Includes a list of foreign national policies on copyright in government works and another of the policies of the 50 U.S. States.]

Modern Language Association. MLA Position Statements and FAQs. 

<http://www.mlanet.org/government/positions/>

Nash, Ralph C. and Rawicz, Leonard. Intellectual Property in Government Contracts. Fourth Edition. 

Vols. 1-3. Washington D.C., The George Washington University, School of Law, 1999. [Vol 1: 

Intellectual Property Rights; Vol 2: Technical Data Rights; Vol 3: Computer Software, Information, and 

Contract Remedies.]

National Research Council. Committee on Issues in the Transborder Flow of Scientific Data. Bits of Power: 

Issues in Global Access to Scientific Data. 1997. 

<http://books.nap.edu/catalog/5504.html>

[Chapter 4: Data from Publicly Funded Research—The Economic Perspective. 

Chapter 5: The Trend Toward Strengthened Intellectual Property Rights: A Potential Threat to Public-Good Uses of Scientific Data]

National Research Council. Office of International Affairs. Global Dimensions of Intellectual Property 

Rights in Science and Technology. 1993.

<http://www.nap.edu/books/0309048338/html/index.html>
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National Research Council. Commission on Physical Sciences, Mathematics and Applications. 

Proceedings of the Workshop on Promoting Access to Scientific and Technical Data for the Public 

Interest: An Assessment of Policy Options. 1999.

<http://www.nap.edu/books/NI000903/html/>

National Research Council. Commission on Physical Sciences, Mathematics and Application. A Question 

of Balance: Private Rights and the Public Interest in Scientific and Technical Databases. 1999.

<http://www.nap.edu/books/0309068258/html/>

Nimmer, Melville B. and David Nimmer. Nimmer on Copyright. 5 vols. New York: Matthew Bender, 

1992 (with periodic supplements).

Ockerbloom, John Mark, Editor. The Online Books Page: Copyright and Related Issues.

<http://digital.library.upenn.edu/books/okbooks.html#whatpd>

[Sections address public domain, permissions, and duration of copyright in the U.S. and abroad]

How do I find out whether the book is in the public domain?

<http://digital.library.upenn.edu/books/okbooks.html#whatpd>

A Possible Exception for the Pre-1923 Public Domain Rule

<http://digital.library.upenn.edu/books/c-fineprint.html>

Okerson, Ann. Who Owns Digital Works?: Computer Networks Challenge Copyright Law, But Some 

Proposed Cures May Be as Bad as the Disease. Scientific American

<http://www.library.yale.edu/~okerson/sciam.html>

Price, Brian R. Copyright in Government Publications: Historical Background, Judicial Interpretation, 

and Legislative Clarification. Military Law Review, Vol. 74: 19-65, Fall 1976. ADA392794 

< http://handle.dtic.mil/100.2/ADA392794>

Tresansky, John O. Copyright in Government Employee Authored Works. 30 Catholic Law Revue. 605 

(1981). ADA392914

<http://handle.dtic.mil/100.2/ADA392914>

United Nations Educational, Scientific and Cultural Organization (UNESCO). Copyright Laws and 

Treaties of the World, 28th Supplement. Washington DC., BNA, Inc. 2000.

[Intellectual property laws of 200 countries and 16 international conventions.]

See also National Copyright Legislation<http://www.unesco.org/culture/copy/>

U.S. National Commission on Libraries and Information Science. Comprehensive Assessment of Public 

Information Dissemination June 2000 - March 2001

<http://www.nclis.gov/govt/assess/assess.html>

U.S. National Commission on Libraries and Information Science. Report on the Assessment of Electronic 

Government Information Products. Commissioned by the U.S. Government Printing Office, 

Superintendent of Documents. March 30, 1999. Executive Summary -- Key Findings. 

[Product Characteristics. 10. Fifteen percent of the products surveyed are not in the public domain, for all or part of the product 

(table 27, p. 45). In addition, user fees are charged for 30 percent of the products (table 24, p. 43).]

<http://www.access.gpo.gov/su_docs/nclisassessment/report.html>

Government Agency Policies–A Sampling
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Congressional Budget Office. Privacy, Copyright, and Use Policies for this Web site.

<http://www.cbo.gov/Privacy.shtml>

Government Printing Office. Public Domain / Copyright Notic.

<http://www.gpoaccess.gov/about/legal.html>

Library of Congress. Legal Notices: About Copyright and Collections. 

<http://www.loc.gov/homepage/legal.html>

National Air and Space Administration (NASA). Scientific and Technical Information. NASA Privacy and 

Copyright Notice. 

<http://www.sti.nasa.gov/disclaimer.html> 

Documentation, Approval, and Dissemination of NASA Scientific and Technical Information

(NPG 2200.2A, September 3, 1997).

<http://www.sti.nasa.gov/npghome3.htm>

NPR 2200.2A Requirements for Documentation, Approval, and Dissemination of NASA Scientific and 

Technical Information (STI) w/Change 1 (9/10/03)

<http://nodis3.gsfc.nasa.gov/displayDir.cfm?Internal_ID=N_PR_2200_002A_&page_name=main>

Restricted Distribution Types: Copyright

<http://publishing.grc.nasa.gov/techinfo/restrict.htm>

National Archives and Records Agency (NARA) Terms and Conditions for Using Our Web Site. 

Copyright, Restrictions, and Permissions Notice

<http://www.archives.gov/global_pages/privacy_and_use.html> 

National Science Foundation. Guidelines for Reproducing or Using Graphics from the NSF Web Site. 

<http://www.nsf.gov/home/pubinfo/reuse.htm>

U.S. Department of Agriculture

152.1-ARS. Procedures for Publishing Manuscripts and Abstracts with Non-USDA Publishers 

(Outside Publishing) March 10, 1998

<http://www.afm.ars.usda.gov/ppweb/152-01.pdf> 

National Agriculture Library (NAL). NAL Copyright Statement.

<http://riley.nal.usda.gov/nal_display/index.php?info_center=8&tax_level=1&tax_subject=489#NAL%20Copyright%20Sta

tement> 

U.S. Department of Commerce

Department of Commerce. Administrative Order DAO 219-1: Public Communications

<http://204.193.232.34/cgibin/doit.cgi?204:112:d27ddcc65cae3134b8bf1b865dbd576aae631885580a96f24b4e675af66a10fb:267>

National Institute of Standards and Technology (NIST). Disclaimer. Use of NIST Information. 

<http://www.nist.gov/public_affairs/disclaim.htm> 

U.S. Department of Defense

Office of the Assistant Secretary of Defense (Public Affairs). Defenselink: DoD Webmasters 

Policies And Guidelines. 
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<http://www.defenselink.mil/webmasters/>

Defense Information Systems Agency. (DISA) Defense Technical Information Center.

DTIC Scientific & Technical Documents Selection Criteria: Copyright.

<http://www.dtic.mil/dtic/submitting/selec_criteria.html#Copyright>

DTIC Guidelines for Determining Copyright. 

<http://www.dtic.mil/dtic/submitting/copyright.html>

Office of the Under Secretary of Defense (Acquisitions & Technology). Office of Acquisition 

Initiatives. Intellectual Property: Navigating Through Commercial Waters (Version 1.1), October 

2001. < http://www.acq.osd.mil/dpap/Docs/intelprop.pdf>

Office of the Assistant Secretary of Defense (Command, Control, Communications & Intelligence) 

WEB SITE ADMINISTRATION. Part II –Process and Procedures. November 25, 1998. 

INFORMATION POSTING PROCESS 3.5 Content Review 3.5.5. Copyrighted Material. 

Copyrighted material will be used only when allowed by prevailing copyright laws and may be 

used only if the materials relate to the Component‘s mission. Consult with Counsel when using 

any copyrighted material.

<http://www.defenselink.mil/webmasters/policy/dod_web_policy_12071998_with_amendments_and_corre

ctions.html#part2>

U.S. Air Force Museum. Privacy, Security and Use Notice. 

<http://www.nationalmuseum.af.mil/main/disclaimer.asp>

U.S. Army. Army Regulation 25-30. 2 June 2004. The Army Publishing and Printing Program. 

See Chapter 2: Publications, Section I: Statutory Restrictions and Official Publications and 

Section V: Copyright. 

<http://www.usapa.army.mil/pdffiles/r25_30.pdf>

U.S. Navy. Secretary of the Navy. SECNAV Instruction 5720.47. 1 July 1999. Policy for the 

Content of Publicly Accessible World Wide Web Sites. DON Website Administration. Paragraph 

3 Content (d) Specific Website restrictions (5): Web sites must not contain any material that is 

copyrighted or under trademark without the specific, written permission of the copyright or 

trademark holder. Further, the material must relate directly to the command‘s primary mission. 

Works prepared by DON personnel as part of their official duties and posted to the command Web 

site may not be copyrighted, nor may the Web site itself be copyrighted.

U.S. Department of Education. 

ERIC Database Use Policy 

<http://www.eric.ed.gov/ERICWebPortal/resources/html/help/help_popup_privacy.html>

U.S. Department of Energy

Energy Information Administration. Copyright Information.

<http://www.eia.doe.gov/neic/aboutEIA/copy_right.html>

Fermilab. DOE Disclaimers and Copyright Notices.

<http://www.fnal.gov/pub/disclaim.html>

Fermilab. Information Resources. Department. Policy for Execution of Copyright Transfer and 

Agreement Forms
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<http://bss.fnal.gov/techpubs/copyrtinfo.html>

Lawrence Livermore National Laboratory (LLNL). Notice to Users. Copyright Status.

<http://www.llnl.gov/disclaimer.html>

Los Alamos National Laboratory (LANL). Copyright Notice for Scientific and Technical 

Information Only. 

<http://www.lanl.gov/misc/copyright.html>

Office of Scientific and Technical Information (OSTI). Technical Information Management 

Program (TIMP)

<http://www.osti.gov/timp.html>

U.S. Department of Health and Human Services. 

Agency for Healthcare Research and Quality. Guideline User Policies for Electronic Versions. 

Copyright. 

<http://www.ahcpr.gov/news/gdluser.htm#copyright>

Federal Drug Administration (FDA). Linking To or Copying Information On the FDA Website 

<http://www.fda.gov/copyright.html>

National Institutes of Health Library. Disclaimers - Copyright Restrictions Applicable to NIH 

Staff

[http://nihlibrary.nih.gov/Disclaimers.htm]

National Library of Medicine (NLM) Copyright Information. 

[http://www.nlm.nih.gov/copyright.html]

National Library of Medicine. (NLM) Policy on Acquiring Copyrighted Material in Electronic 

Format. April 27, 2000.

<http://www.nlm.nih.gov/pubs/acqcopyrightmat.html>

National Library of Medicine (NLM). Agreement for the Use of Images from Visible Human Data 

Set.

<http://www.nlm.nih.gov/research/visible/vhpagree.txt> 

National Library of Medicine (NLM). License Agreement for Use of the UMLS® Metathesaurus®

<http://www.nlm.nih.gov/research/umls/license.html>

National Library of Medicine (NLM). Fact Sheet: National Library of Medicine Trademarks. 

<http://www.nlm.nih.gov/pubs/factsheets/trademarks.html>

National Library of Medicine (NLM). Profiles in Science FAQ 5. May I have permission to use 

the documents (letters, articles, photographs, etc.) from Profiles in Science?

<http://profiles.nlm.nih.gov/Help/FAQ/#permission>

U.S. Department of Interior
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U.S. Geological Survey. (USGS) USGS Privacy Policy and Disclaimers. Copyright.

<http://www.usgs.gov/privacy.html#copyright>

U.S. Department of Justice. Computer Crime & Intellectual Property Section, Criminal Division

Federal Prosecution of Violations of Intellectual Property Rights (Copyrights, Trademarks and 

Trade Secrets). May 1997. Washington, D.C.

<http://www.usdoj.gov/criminal/cybercrime/CFAleghist.htm>

DOJ Criminal Resource Manual. 1854 Copyright Infringement -- First Sale Doctrine.

<http://www.usdoj.gov:80/usao/eousa/foia_reading_room/usam/title9/crm01854.htm>

Protecting Intellectual Property Rights: Copyrights, Trademarks and Trade Secrets

<http://www.usdoj.gov:80/criminal/cybercrime/ip.html>

www.cybercrime.gov 

<http://www.usdoj.gov:80/criminal/cybercrime/index.html>

Copyrighted Materials and the FOIA, FOIA Update, Vol. IV, No. 4, Fall 1983, OIP Guidance 

<http://www.usdoj.gov:80/oip/foia_updates/Vol_IV_4/page3.htm>

[In sum, agencies should carefully examine all copyrighted materials encompassed within FOIA requests to determine 

whether they qualify for Exemption 4 protection. As for those copyrighted materials to which Exemption 4 is inapplicable, 

the position of the Department of Justice is that the release of such materials under the FOIA is a defensible "fair use."]

Memorandum for Andrew J. Pincus, General Counsel, Department of Commerce From Randolph 

D. Moss, Acting Assistant Attorney Opinion: RE: Whether Government Reproduction of 

Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976. 

April 30, 1999.

<http://lcweb.loc.gov/flicc/gc/fairuse.html> 

U.S. Mint. Privacy Policy & Terms of Use. Intellectual Property.

<http://www.usmint.gov/policy/index.cfm?action=TermsOfUse>

U.S. Patent & Trademark Office (USPTO). Editorial Standards Copyright and Trademark Issues RE: 

Materials from USPTO Website

<http://www.uspto.gov/main/ccpubguide.htm>

U.S. Patent & Trademark Office

U.S. Senate. Photo Collection of the Senate Historical Office: Copyright Information for the Collection

<http://www.senate.gov/artandhistory/history/common/generic/Photo_Collection_of_the_Senate_Historical_Office.htm>

Publisher Copyright Transfer Agreements–A Sampling

Academic Press. Copyright Transfer Agreement. 

<http://www.academicpress.com/www/journal/copyright.htm> 

American Association for Artificial Intelligence. AAAI Press Copyright Form 

<http://www.aaai.org/Press/Author/copyrightform.pdf > 

American Geophysical Union. Copyright Agreement 

<http://www.agu.org/pubs/Copyrght.pdf> 

American Physical Society. Transfer of Copyright Agreement.
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<http://forms.aps.org/author/copytrnsfr.pdf> 

Association for Computing Machinery. ACM Copyright Form

<http://www.acm.org/pubs/copyright_form.html> 

Elsevier Author Gateway. 

<http://authors.elsevier.com/>

Note: Under Publisher Information, choose Getting Published with Elsevier Science. Under After Acceptance, 

choose Copyright Information. Elsevier does not post its Copyright Transfer Agreement nor does the information 

presented on the Author Gateway mention Government or Government-contracted works.

IEEE Computer Society. Copyright Form Information.

<http://www.ieee.org/web/publications/rights/cfrmlink.html>

IEEE Copyright Form

<http://www.ieee.org/portal/index.jsp?pageID=corp_level1&path=about/documentation/copyright&file=cfrmlink.xm

l&xsl=generic.xsl>

BioMedical Library Association. BMLA. Notice to Authors

<http://www.mlanet.org/publications/jmla/jmlainfo.html#note> 

Materials Research Society. Instructions for Authors. Copyright Transfer. 

<http://www.mrs.org/publications/books/manuscript_info/proc_copyright_info.pdf>

Science Publishers

<http://www.sciencekomm.at/publish.html>
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References

 

1

 Berne Convention http://www.copyright.gov/title17/92appii.html

2

 17 USC § 106. http://www.copyright.gov/title17/92chap1.html#106

3

 Digital Millennium Copyright Act http://www.copyright.gov/legislation/dmca.pdf

4

17 USC § 1202(c) http://www.copyright.gov/title17/92chap12.html#1202

5

 17 USC § 107 http://www.copyright.gov/title17/92chap1.html#107

6

 Federal Acquisition Regulation http://www.arnet.gov/far/

7

 17 USC § 202 http://www.copyright.gov/title17/92chap2.html#202

8

 17 USC § 109 http://www.copyright.gov/title17/92chap1.html#109

9

 OMB Circular A-130 http://www.whitehouse.gov/omb/circulars/a130/a130trans4.html

10

 Freedom of Information Act http://www.usdoj.gov/oip/foi-act.htm

11

 Privacy Act http://www.accessreports.com/statutes/PA.htm

12

 44 U.S.C. § 1901 http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=browse_usc&docid=Cite:+44USC1901

13

 44 U.S.C. § 3301 http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=browse_usc&docid=Cite:+44USC3301

14

 17 USC § 101, Definitions http://www.copyright.gov/title17/92chap1.html#101

15

 17 USC § 101, Definitions http://www.copyright.gov/title17/92chap1.html#101

16

 17 USC § 201(a) http://www.copyright.gov/title17/92chap2.html#201

17

 License Agreement for Use of UMLS Products http://www.nlm.nih.gov/research/umls/license.html

18

 17 USC § 101, Definitions http://www.copyright.gov/title17/92chap1.html#101

19

 17 USC § 201(d) http://www.copyright.gov/title17/92chap2.html#201

20

 17 USC § 204 http://www.copyright.gov/title17/92chap2.html#204

21

 Title 17 of the United States Code (17 USC – Copyrights) http://www.copyright.gov/title17

22

 37 CFR, Chapter II http://www.access.gpo.gov/nara/cfr/waisidx_99/37cfrv1_99.html

23

 U.S. Constitution, Article 1, Section 8 http://www.archives.gov/exhibits/charters/constitution_transcript.html

24

 Berne Convention http://www.copyright.gov/title17/92appii.html

25

 Sonny Bono Copyright Term Extension Act http://www.copyright.gov/legislation/s505.pdf

26

 Digital Millennium Copyright Act http://www.copyright.gov/legislation/hr2281.pdf

27

 17 USC § 106 http://www.copyright.gov/title17/92chap1.html#106

28

 17 USC § 106a http://www.copyright.gov/title17/92chap1.html#106a

29

 Circular 101: Copyright Basics http://www.copyright.gov/circs/circ1.html

30

 Circular 40, Copyright Registration for Works of the Visual Arts http://www.copyright.gov/circs/circ40.html

31

 The U.S. Copyright Law, Chapter 3 -- Duration of Copyright http://www.copyright.gov/title17/92chap3.html

32

 Information Circular 15a - Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright 

Protection http://www.copyright.gov/circs/circ15a.pdf

33

 Fact sheet FL 15 - New Terms for Copyright Protection http://www.copyright.gov/fls/sl15.html

34

 When Works Pass Into the Public Domain http://www.unc.edu/~unclng/public-d.htm

34a Copyright Term and the Public Domain in the United States

http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm

35

 17 USC §§ 107 through 120 http://www.copyright.gov/title17/92chap1.html

36

 17 USC § 107 http://www.copyright.gov/title17/92chap1.html#107

37

 17 USC § 107 http://www.copyright.gov/title17/92chap1.html#107

38

 National Library of Medicine http://www.nlm.nih.gov/copyright.html

39

 NASA Center for AeroSpace Information (CASI) http://www.sti.nasa.gov/disclaimer.html

40

 Library of Congress http://www.loc.gov/homepage/legal.html#copyright

41

 17 USC § 204 http://www.copyright.gov/title17/92chap2.html#204

42

 Copyright Office Circular 22 http://www.copyright.gov/circs/circ22.html

43

 Library of Congress Information System http://www.loc.gov/catalog/locisint.htm

44 Washington Post http://www.washingtonpost.com/wp-srv/interact/longterm/talk/copy.htm

45 New York Times http://www.nytimes.com/ref/membercenter/help/linkingfaq.html

46

 Pub. L. No 105-304, 112 Stat. 2860 http://www.copyright.gov/legislation/hr2281.pdf

47

 17 U.S.C § 1201 et al http://www.copyright.gov/title17/92chap12.html
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48

 17 U.S.C. § 1201(a)(1) http://www.copyright.gov/title17/92chap12.html#1201

49

 17 U.S.C. § 1201(a)(1) http://www.copyright.gov/title17/92chap12.html#1201

50

 17 U.S.C. § 1202 http://www.copyright.gov/title17/92chap12.html#1201

51

 17 U.S.C. § 512 http://www.copyright.gov/title17/92chap5.html#512

52

 U.S. Copyright Office Summary of the DMCA. http://www.copyright.gov/legislation/dmca.pdf

53

 Patents http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm

54 Trademarks http://www.uspto.gov/web/offices/tac/tmfaq.htm#

55

 U.S. Patent and Trademark Office http://www.uspto.gov/

56 17 USC § 101, Definitions http://www.copyright.gov/title17/92chap1.html#101

57 Copyright in Government Employee Authored Works http://handle.dtic.mil/100.2/ADA392914

58

 Public Affairs Associate V. Rickover 

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=369&invol=111

59 17 USC § 105 http://www.copyright.gov/title17/92chap1.html#105

60 17 USC § 105 http://www.copyright.gov/title17/92chap1.html

61

 Gellman http://handle.dtic.mil/100.2/ADA394923

62

 Pfeiffer v. Central Intelligence Agency http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-

5107a.html

63

 OMB Circular A-130 http://www.whitehouse.gov/omb/circulars/a130/a130trans4.html

64

 Department of Defense Directive 5230.9 http://stinet.dtic.mil/stinfo/data/DoDD_52309.pdf

65

 DOD Instruction 5230.29 http://www.dtic.mil/whs/directives/corres/pdf/523029p.pdf

66

 Freedom of Information Act (FOIA) Exemptions http://www.usdoj.gov/oip/foi-act.htm

67

 CRADA http://www.usbr.gov/research/tech-transfer/together/crada/whatcrada.html

68

 NASA Space Act Agreements http://www.hq.nasa.gov/ogc/samanual.html

69

 Terms and Conditions for the Visible Human Project http://www.nlm.nih.gov/research/visible/vhpagree.txt

70

 License Agreement for Use of the UMLS® Metathesaurus

®

http://wwwcf.nlm.nih.gov/umlslicense/snomed/license.cfm

71 17 USC § 105 http://www.copyright.gov/title17/92chap1.html#105

72

 17 USC § 403 http://www.copyright.gov/title17/92chap4.html#403

73

 Matthew Bender & Co. v. West Publishing Co. http://www.law.cornell.edu/copyright/cases/158_F3d_674.htm

74

 IEEE Copyright Form 

http://www.ieee.org/portal/cms_docs_iportals/iportals/publications/rights/IEEECopyrightForm.pdf

75

 Kluwer Academic/Plenum Publishing Transfer of Copyright Form http://www.bga.org/journal/KluwerPlenum_copyright.pdf

76 17 USC § 101, Definitions http://www.copyright.gov/title17/92chap1.html#101

77 17 USC § 201 http://www.copyright.gov/title17/92chap2.html#201

78 Federal Acquisition Regulations http://www.arnet.gov/far/

79 FAR Subpart 27.4—Rights in Data and Copyrights http://www.arnet.gov/far/current/html/Subpart%27_4.html

80 FAR general data rights clause, 52.227-14 http://www.arnet.gov/far/current/html/52.227.html#1109286

81 Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 227.71 

http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm

82 Part 211 http://www.acq.osd.mil/dpap/dars/dfars/html/current/211_0.htm

83 DFARS Part 252 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252_1.htm

84 DFARS Part 227.72 http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_72.htm

85 FAR 27.400 http://www.arnet.gov/far/current/html/Subpart_27_4.html#999113

86 DFARS 227.7103-9 http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm#227.7103-9

87 DFARS 252.227-7013- http://www.acq.osd.mil/dp/dars/dfars/html/r20030430/252227.htm#252.227-7013

88 DFARS 252.227-7020 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7020

89 FAR 27.227-20 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_227.htm#P495_117738

90 DFARS 227.7103-9 http://www.acq.osd.mil/dp/dars/dfars/html/r20030430/227_71.htm#227.7103-9

91 DFARS 227.7203-9 http://www.acq.osd.mil/dp/dars/dfars/html/r20030430/227_72.htm#227.7203-9

92 FAR 52.227-14 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_227.htm#P328_81380

93 FAR 27.404(f)(2) http://www.arnet.gov/far/current/html/Subpart%2027_4.html

94 DFARS 227.7103-9(a)(2) http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm#227.7103-9

95 FAR special works data rights clause, 52.227-17
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http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_227.htm#P444_107388

96 FAR 27.404(g)(3) http://www.arnet.gov/far/current/html/Subpart 27_4.html

97 NASA FAR Supplement http://www.hq.nasa.gov/office/procurement/regs/5227.htm

98 DFARS 252.227-7020 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7020

99 FAR general data rights clause, 52.227-14 http://www.acqnet.gov/far/current/html/52_227.html

100 FAR 27.404(g) http://www.acqnet.gov/far/current/html/Subpart%2027_4.html#wp1041836%20

101 FAR special works data rights clause, 52.227-14(d) http://www.acqnet.gov/far/current/html/52_227.html

102 FAR special works data rights clause http://www.acqnet.gov/far/current/html/52_227.html

103 DFARS clause 252.227-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013

104 DFARS clause 252.227-7020 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7020

105 DFARS 227.7106(b) http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm#227.7106

106 FAR 27.404(f)(1)(v) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/27.htm#P326_97762

107 DFARS clause 252.227-7013(f) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 

and 252.227-7014(f) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7014

108 OMB Circular A-110 Uniform Administrative Requirements for Grants and Agreements With Institutions of 

Higher Education, Hospitals, and Other Non-Profit Organizations

http://www.whitehouse.gov/omb/circulars/a110/a110.html

109 OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments

http://www.whitehouse.gov/omb/circulars/a102/a102.html

110 Section 36 of Circular A-110 http://www.whitehouse.gov/omb/circulars/a110/a110.html#36

111 new requirements for providing government access http://www.whitehouse.gov/omb/fedreg/a110-finalnotice.html

112 Section 36 of OMB Circular A-110(a) http://www.whitehouse.gov/omb/circulars/a110/a110.html#36 

113 FAR Clause 52.227.14 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_227.htm#P248_51622

114 27.409(a) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/27.htm#P420_100140

115 Policy on Enhancing Public Access to Archived Publications Resulting from NIH-Funded Research

http://publicaccess.nih.gov/

116 PubMed Central http://www.pubmedcentral.nih.gov/

117 28 USC § 1498 (b) http://www4.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001498----000-.html

118

 John C. Boyle v. United States http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-

5125.html

119

 U.S. Department of Justice opinion http://lcweb.loc.gov/flicc/gc/fairuse.html

120 ―Application of the Copyright Doctrine of Fair Use to the Reproduction of Copyrighted Material for Intelligence 

Purposes‖ http://handle.dtic.mil/100.2/ADA389801

121 Copyright Office Circular 1 http://www.copyright.gov/circs/circ1.html

122 17 USC § 107 http://www.copyright.gov/title17/92chap1.html#107

123 17 USC § 108 http://www.copyright.gov/title17/92chap1.html#108

124

 CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements

http://www.cni.org/docs/infopols/CONTU.html

125 Copyright Office Circular 21 http://www.copyright.gov/circs/circ21.pdf

126 17 USC § 108 http://www.copyright.gov/title17/92chap1.html#108

127 17 USC § 107 http://www.copyright.gov/title17/92chap1.html#107

128

 17 USC § 108 http://www.copyright.gov/title17/92chap1.html#108

129 Licensing Electronic Publications for Use in a Federal Agency http://lcweb.loc.gov/flicc/video/licen/licen.html

130 License Agreements for Electronic Products and Services: Frequently Asked Questions

http://www.cendi.gov/publications/01-3lic_agree.html

131 Policy on Acquiring Copyrighted Material in Electronic Format

http://www.nlm.nih.gov/pubs/acqcopyrightmat.html

132 Use and Disclaimer Notice http://library.nrl.navy.mil/index.cfm?i=90

133 Permissions: Using Digital Materials from the Smithsonian Institution Libraries

http://www.sil.si.edu/permissions/ 

134

 sample letter requesting permission http://www.utsystem.edu:80/ogc/intellectualproperty/permmm.htm

135 28 USC § 1498 (b) http://www4.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001498----000-.html

136 17 USC § 110 http://www.copyright.gov/title17/92chap1.html#110

137 17 U.S.C. § 106(4) http://www.copyright.gov/title17/92chap1.html#106

138 17 USC § 101 http://www.copyright.gov/title17/92chap1.html#101
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139 H.R. Rep. No.94-1476 http://en.wikisource.org/wiki/Copyright_Law_Revision_(House_Report_No._94-

1476)/Annotated

140 Patry, William F. Patry on Copyright. St. Paul, MN: Thomson West (Westlaw), 2008

141 Columbia Pictures Industries, Inc. v. Redd Horne Inc

http://www.law.cornell.edu/copyright/cases/749_F2d_154.htm

142 17 U.S.C. § 106 http://www.copyright.gov/title17/92chap1.html#106

143 17 U.S.C. § 107 http://www.copyright.gov/title17/92chap1.html#107

144 17 U.S.C. § 110(1) http://www.copyright.gov/title17/92chap1.html#110

145 17 USC § 110(4) http://www.copyright.gov/title17/92chap1.html#110

146 17 USC § 107 http://www.copyright.gov/title17/92chap1.html#107

147 17 USC § 108 http://www.copyright.gov/title17/92chap1.html#108

148 17 USC § 109 http://www.copyright.gov/title17/92chap1.html#109

149 28 USC § 1498 (b) http://www4.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001498----000-.html

150

 DFARS Subpart 227.70 http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_70.htm

151 28 USC § 1498 (b) http://www4.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001498----000-.html